Newfoundland and Labrador Hansard — Statements by Ministers — 4 December 1998 (43rd General Assembly, 3rd Session, Vol. XLIII No. 55)

1998-12-04

Newfoundland and Labrador — Debates (Hansard)

Newfoundland and Labrador Hansard — Statements by Ministers — 4 December 1998 (43rd General Assembly, 3rd Session, Vol. XLIII No. 55)

1998-12-04

Newfoundland and Labrador — Debates (Hansard)

December 4, 1998 HOUSE OF ASSEMBLY PROCEEDINGS Vol. XLIII No. 55

The House met at 9:00 a.m.

MR. SPEAKER (Snow): Order, please!

Before we begin routine proceedings today the Chair would like to take

this opportunity to welcome to the gallery twenty-nine Level I, II, and III students from

the Canadian Issues Class in Holy Heart of Mary High School, accompanied by their teacher,

Kathy Henderson. The school is in the District of St. John's East.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: As well, the Chair would like to acknowledge one of

our senior Commissionaires, Mr. Ladd Bursey, who will be celebrating his seventy-fifth

birthday tomorrow, Saturday, December 5. On behalf of all members, I want to wish Mr.

Bursey a very Happy Birthday tomorrow.

SOME HON. MEMBERS: Hear, hear!

Statements by Ministers

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

SOME HON. MEMBERS: Hear, hear!

MR. DICKS: Thank you, Mr. Speaker.

It gives me great pleasure to rise before the House today to inform my

colleagues of another month of employment growth in Newfoundland and Labrador. Statistics

Canada reported this morning that in November there were 8,600 more jobs in this Province

than we had last November.

SOME HON. MEMBERS: Hear, hear!

MR. DICKS: That is an increase of 4.4 per cent.

AN HON. MEMBER: Slow it down, Minister, slow it down.

MR. DICKS: I say there may be some job losses on the other side

shortly, Mr. Speaker.

The average job gain over the first eleven months of this year was

6,300 or 3.3 per cent.

The labour market numbers are reflecting the improvement in the

provincial economy which has benefited from strength in both investment and consumer

spending. Investment spending is expected to grow 6.7 per cent in 1998, with the Terra

Nova development being an important contributor. Consumer spending has also increased with

retail sales up 2.9 per cent over last year for the January to September period.

Furthermore, our exports are performing strongly. Exports of crude oil, iron ore, and fish

products all increased. In fact, for the first nine months of this year, the value of our

international exports increased by 12.3 per cent. Other year-to-date indicators are also

positive with the value of manufacturing shipments up 8.6 per cent, the volume of iron ore

production up 5.2 per cent, and fish landings up 30 per cent.

Although it increased slightly by 0.8 percentage points in November,

the unemployment rate averaged 1.1 percentage points lower on a year-to-year basis. The

number of Newfoundlanders and Labradorians out of work averaged 1,700 fewer than last

year. Although we have much further to go before we have low unemployment, we are making

significant progress.

On a seasonally adjusted basis, employment declined slightly by 1,700

following two large consecutive monthly gains totalling 14,000. Despite this decline, the

level of employment achieved in November remained higher than that achieved in any of the

preceding forty-two months.

In addition to these employment gains, the Conference Board of Canada

reaffirmed its confidence that this Province will lead the country with 4.5 per cent real

GDP growth in 1998, and 5.7 per cent in 1999. Although we suspect that figure for next

year may be somewhat overstated, nevertheless we expect to lead the country again in

growth next year.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for Baie Verte.

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

I want to thank the minister for a copy of his statement. The good news

reviews continues. I thought this was usually for Sunday afternoon on VOCM, with the

Premier but now the minister has decided to take up the slack.

He talks about the job increases. Does the minister remember that last

week Revenue Canada reported the number of people of filing has decreased in Newfoundland

and Labrador? Has he forgotten to mention that 41,000 people left in the last five or six

years from Newfoundland and Labrador? He talks about Terra Nova and so on, and then he has

the nerve to mention that iron ore exports are increasing.

Yes, it has. Iron ore is increasing, to move to Sept-Iles, Quebec,

where it will create another 200 jobs in the Province of Quebec. That is the reality of

this, as the minister stands and confirms the increases and so on. The truth is in rural

Newfoundland and Labrador, and with the projects that are going on now - the make-work

projects for TAGS is what they are. You can put any kind of spin on it, call it what you

like. Make-work projects for TAGS have increased some of those numbers, that is the

reality of it. What people in this Province are waiting to see from this government are

the long-term plans -

MR. SPEAKER: Order, please!

The hon. the member's time is up.

MR. SHELLEY: - for what is going to happen after these short-term

projects take place. So the good news review continues, Mr. Speaker.

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

Services.

MS J.M. AYLWARD: Thank you, Mr. Speaker.

I am making this statement this morning on behalf of my colleague the

Minister Responsible for the Status of Women, the hon. Julie Bettney.

On December 6, across the country, we mark the National Day of

Remembrance and Action on Violence Against Women. On this day in 1989, fourteen young

women in Montreal were murdered, because they were women. As we reflect on this terrible

loss, we must never forget that many women continue to live and die in the shadow of

violence.

Today, I join the federal, provincial and territorial Ministers

Responsible for the Status of Women, in a declaration of the commitment to end violence

against women.

Violence against women has devastating consequences in many women's

lives and significant social and economic repercussions for society as a whole. Every day,

women are intimidated, harassed, stalked, assaulted and abused, often at the hands of an

intimate partner. As a society, we cannot and must not tolerate this violence. We must

recognize and address the root causes of violence against women and the underlying issues

of power and control.

The Ministers Responsible for the Status of Women share a vision of

safe, healthy communities where women are not exposed to violence or the threat of

violence. The vision is based on the full equality of women and men. They stress the

importance of culturally-appropriate and community-based solutions that take into account

linguistic, cultural and geographic diversity, that respect Aboriginal values and culture,

and that reflect the particular needs of vulnerable groups.

To achieve this vision, all of society must take responsibility. The

elimination of violence is a long-term goal which can only be realized through lasting

change in societal values and attitudes. Governments cannot achieve this alone.

Individuals, service providers, voluntary and professional organizations, the broader

public and corporate sectors, all have a role to play. It is important that men, as well

as women, participate in finding solutions.

Sustained action is required, combined with innovative, creative

approaches. It is particularly important that programs and services be flexible in their

design and delivery in order to be accessible and effective. In this comprehensible

effort, strong coordination across all sectors is essential, first and foremost to provide

safety, as well as to deal with perpetrators and to prevent violence before it happens.

The work to end violence against women is guided by the following

principles: living free of violence is a right, not a privilege; violence against women is

a crime and should never be considered a private matter. Crimes of violence must be dealt

with accordingly; safety for victims and survivors must come first; in order to eliminate

violence against women, equality and healthy relationships amongst boys and girls must be

promoted from an early age.

The approach is built on three key strategies: a long-term focus on

public education and awareness to change attitudes and behaviour; accessible and

responsible services to provide safety and support to victims and prevent

re-victimization; and effective justice programs to hold perpetrators accountable and

provide treatment programs for abusive men.

On many fronts, our governments have shown their determination to end

violence against women. Through polities and initiatives across the country by the

Ministers Responsible for the Status of Women, and leadership at the international level

in ratifying United Nations conventions and supporting UN action plans, the ministers have

clearly articulated the unacceptable and intolerable nature of this violence.

Much work has been done to address violence against women. Ministers

responsible will continue to build on the expertise of women's groups and other

communities partners.

On behalf of the hon. Julie Bettney and the federal, provincial and

territorial Ministers Responsible for the Status of Women, I reaffirm the determination to

stop violence against women. This is a top priority for our governments. This commitment

will be realized through the actions of each jurisdiction. Together, these actions will

enable governments to meet the challenges and achieve this goal. We owe it to all women

who may be affected by violence, now and in the future.

SOME HON. MEMBERS: Hear, hear!

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

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

I thank the minister for providing me with a copy of her statement. I

too would like to stand today and pay tribute to these fourteen women who were so brutally

murdered nine years ago on Sunday. They are not here with us today, but their deaths have

left us with a legacy and I would like to read their names into Hansard so they will not

be forgotten:

Genevieve Bergeron, Helene Colgan, Nathalie Croteau, Barbara

Daigneault, Anne-Marie Edward, Maud Haviernick, Barbara Marie Klueznick, Maryese

Laganiere, Maryse Leclair, Anne-Marie Lemay, Sonia Pelletier, Michele Richard, Annie St.

Arneault, and Annie Turcotte.

This puts faces on these women who were murdered nine years ago because

they were women, and each year we remember them and pay tribute to them. They have left us

with a legacy. We are reminded of the violence towards women and we are reminded that it

is still very much with us.

We have had various initiatives toward prevention of such violence. We

have studies on violence, the Provincial Strategy Against Violence, the five-year strategy

entitled: Towards The Year 2000 which began in 1995, and still violence against women

exists.

This leads me to believe that as well as continuing with initiatives we

have begun thus far, we should introduce a target group. As the minister mentioned in her

statement, we should begin with boys and girls from an early age.

The children of today are the men and women of tomorrow, and how they

behave tomorrow depends on how we guide them today. We have a golden opportunity with the

legislation we are presently addressing in this House, with the Child, Youth and Family

Services Act. With the proper resources in place to see that this act is affectively

implemented, we will be starting with these young children at a very early age to address

the -

MR. SPEAKER: Order, please!

The hon. member's time is up.

AN HON. MEMBER: By leave.

MR. SPEAKER: By leave.

MS S. OSBORNE: Thank you.

We will be starting at a very early age to address the problems of

violence not only against women, but indeed against all people.

Thank you very much, Mr. Speaker.

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

the hon. member have leave?

AN HON. MEMBER: By leave.

MR. SPEAKER: By leave.

MR. HARRIS: Thank you, Mr. Speaker.

I want to join in the remembrance of the events of 1989 when fourteen

young women in Montreal were murdered, and they were murder because they were women.

Me. Speaker, why do we remember this and why is this such a significant

event? I think the answer is that it is recognized - and it was recognized then and it is

still recognized - that it was not the act of an isolated person who may have been

mentally imbalanced. It was something that was in fact part of the background of attitude

towards women, the tolerance of violence against women, the tolerance of attitudes against

women, that negative attitude against women in our society that permitted this kind of

thing to happen.

So even though it is nearly ten years ago, it is something that we

remember because we remember we have to do something about those attitudes throughout our

society. We have to recognize that the root cause of this type of violence rests in our

cultural attitudes and in the changes.

Mr. Speaker, I have a personal interest, of course, in the future

changes, as the father of two young daughters.

MR. SPEAKER: Order, please!

The hon. member's time is up.

MR. HARRIS: By leave, Mr. Speaker, for a moment to continue?

MR. SPEAKER: By leave?

AN HON. MEMBER: By leave.

MR. SPEAKER: By leave.

MR. HARRIS: The future must change. We must have a totally

different approach to women. We need affirmative action in certain areas such as police

forces to ensure that more women are involved in all aspects of society, such as policing,

such as non-traditional occupations, so that there will be no discrimination against women

and no room for violence of this nature to ever occur again.

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

does the hon. member have leave?

AN HON. MEMBER: By leave.

MS JONES: Thank you, Mr. Speaker.

I want to join as well with others in the Chamber this morning, and the

minister, in paying tribute to these women and the terrible and brutal death that they

have suffered at the hands of society and the social attitudes that have been taken

against women in the past. I think many across this country and in our own Province have

worked very hard to end violence against women and to bring recognition to the kinds of

things that have been happening. I want to commend the minister this morning for joining

with other federal, provincial, and territorial leaders across our country to bring an end

to violence against women.

MR. SPEAKER: Before I call Oral Questions, I would like to take

this opportunity to welcome today to the gallery a former Member of the House of Assembly,

Mr. Nick Careen.

SOME HON. MEMBERS: Hear, hear!

Oral Questions

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

SOME HON. MEMBERS: Hear, hear!

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

Yesterday in Question Period we asked questions with respect to the

resignation of the former minister. I would like to ask questions today to the Premier:

Under what

section of the act did the Premier make the reference to the Commissioner for

Members' Interests that he announced on Wednesday?

MR. SPEAKER: The hon. the Premier.

PREMIER TOBIN: Mr. Speaker, we have not made a reference to the

Commissioner under a specific

section of the act but rather have referred the question to

the Commissioner to exercise his judgement and his discretion in carrying out his duties.

There are no restrictions on the Commissioner.

MR. SPEAKER: A supplementary, the hon. the Leader of the

Opposition.

MR. E. BYRNE: Mr. Speaker, under the act I guess there are a couple

of avenues by which the Premier could make a request. I would ask him this question: Did

he phone the Commissioner and ask him to look at it, or did he write the Commissioner and

ask to him to look at it? If he wrote the Commissioner, would he be able to table that

correspondence in the House?

MR. SPEAKER: The hon. the Premier.

PREMIER TOBIN: Yes, Mr. Speaker, I would be quite happy - I do not

have a copy with me - to make available my correspondence with the Commissioner. I think

the Commissioner himself has issued a statement yesterday making clear that he has all the

powers that he requires, and all of the discretion that he requires, to undertake the

investigation of the matter at hand.

MR. SPEAKER: A supplementary, the hon. the Leader of the

Opposition.

MR. E. BYRNE: Premier, in your written request to the Commissioner,

did you make any reference to any other minister or department besides the former Minister

of Development and Rural Renewal, or did you just refer to the former minister and that

situation?

MR. SPEAKER: The hon. the Premier.

PREMIER TOBIN: Mr. Speaker, I referred to the matter arising out of

the resignation of the Minister of Rural Renewal and Development and the questions arising

out of the allegations with respect to the staff of that department.

The conflict commissioner - and the Leader of the Opposition is now

entering the stage, having heard my answers yesterday, where he is being deliberately

disingenuous. The Leader of the Opposition knows, if he can read the act - and he knows

that he can respond and listen to the answers given yesterday - he knows, or he ought to

know, that the conflict commissioner is quite free to go wherever his investigation takes

him, to whomever his investigation takes him. He has quite broad powers under the Public

Inquiries Act to secure evidence, to secure testimony. The Leader of the Opposition knows

that.

To suggest, when I have in this public place - the most public place,

the people's House - said repeatedly, that the conflict commissioner cannot - even if I

wished it - be constrained by me or be constrained by the Leader of the Opposition. To

continue to suggest that is disingenuous on the part of the Leader of the Opposition. I

would ask him to acknowledge the powers of the Commissioner, and acknowledge the scope and

breadth of his investigation.

MR. SPEAKER: A supplementary, the hon. the Leader of the

Opposition.

MR. E. BYRNE: I suggest to the Premier, save the lecture for your

Cabinet ministers. It is obvious they are more in need of it than I am right now, this

morning.

SOME HON. MEMBERS: Hear, hear!

MR. E. BYRNE: Mr. Speaker, we saw last night on television, as did

the Premier -

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

MR. E. BYRNE: We saw last night on television, as did you, that the

former minister -

PREMIER TOBIN: My supporters deal with it to my face. You deal with

your (inaudible) at the back.

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

MR. E. BYRNE: Just asking a question.

SOME HON. MEMBERS: Oh, oh!

AN HON. MEMBER: Get up and apologize, boy. Get up and apologize. Be

a man.

MR. SPEAKER: Order, please!

A supplementary, the hon. the Leader of the Opposition.

MR. E. BYRNE: Mr. Speaker -

MR. J. BYRNE: Control that motor mouth over there.

MR. FITZGERALD: The House has reached an all-time low.

MR. SPEAKER: Order, please!

MR. E. BYRNE: Mr. Speaker, it is clear from the conversations this

morning that the Minister of Education made a policy change for one person and one person

only. No other school had indicated for that policy change.

I ask the Premier: Premier, does this not provide enough evidence to

ask to broaden the investigation, to ask the minister or the Commissioner of Conflict of

Interest to look at other departments? After all, that is where Mr. Woodrow got his

licence. Will the Premier do the right thing and ask the Minister of Education to offer

his resignation - not resignation, I am sorry - to take a temporary leave of absence until

this matter is cleared up?

MR. SPEAKER: The hon. the Premier.

PREMIER TOBIN: Mr. Speaker, I really find it incredible, given the

developments of the last few days, that the Leader of the Opposition would stand and make

that comment. He knows, and members opposite know, that the matter before the House is now

with the RCMP. The RCMP are the nation's police force and have total ability and power,

unconstrained by anybody, to investigate this matter in any way they deem appropriate. Mr.

Speaker, the Conflict Commissioner is not constrained by any member of this House, not by

me or not by anybody else, and can go wherever he deems appropriate.

The innuendo, and it is deliberate innuendo, on the part of the Leader

of the Opposition, that maybe the police cannot go wherever they want to go, and the

innuendo, and it is deliberate innuendo, that the Conflict Commissioner cannot go wherever

he wants to go, is beneath the dignity of an officer of this House, and the Leader of the

Opposition is an officer of the House. The Leader of the Opposition today wants to, by

innuendo, cast into question the reputation of the Minister of Education.

Mr. Speaker, let me say for the record that to this point in time there

have been no specific allegations brought to my attention, either in the correspondence,

which was referred to yesterday, from Mr. Woodrow to me and which was referred to the

Department of Justice, against any specific minister, including the former Minister of

Development and Rural Renewal; not a single specific allegation in that letter, nor were

there specific allegations against ministers in the comments made to a Justice official.

What there were, were comments of general innuendo, general suggestions, unspecific, and

those comments were given immediately to the RCMP and the gentleman was advised that if he

had comments to make he should go to the RCMP.

Indeed, Mr. Speaker, let me go further. The letter in question has

innuendo and comments and suggestions of a conspiracy that involves a large cast of people

in government and outside of government, and members of the Opposition have seen that

letter because it was shown to them.

AN HON. MEMBER: We haven't seen it.

PREMIER TOBIN: Well, members of the media have the letter. They

have seen it and they know the nature of this large conspiracy theory. Mr. Speaker,

members of the Opposition - let me say this - were visited months ago by this gentleman,

were given these allegations, and thought they were so incredible that they didn't ask a

single question about these allegations. Members in both parties were visited by these

gentlemen. Why did they not raise this matter? Mr. Speaker, I will tell you why not.

Because they thought the story incredible.

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

A supplementary, the hon. the Leader of the Opposition.

MR. E. BYRNE: Mr. Speaker, for the record, the letter the Premier

refers to, nobody in my caucus has seen that letter. The Premier has indicated that

members of my caucus have met with Mr. Woodrow; not based in fact, not true. Mr. Woodrow -

AN HON. MEMBER: (Inaudible).

MR. E. BYRNE: Hold on, Paul. No member in this caucus -

MR. SPEAKER: Order, please!

The hon. member is on a supplementary, I ask him to get to his

question.

MR. E. BYRNE: No member in this caucus has ever met with Mr.

Woodrow, and that is why no member in this caucus will ever appear on a tape, I say to the

Premier, because we have had no conversations with Mr. Woodrow. We have never met with Mr.

Woodrow at all, under any time or circumstances!

I say to the Premier, while the Commissioner of Members' Interests has

the powers of a commissioner under the Public Inquiries Act - I acknowledge that - the

past practice with respect to serious allegations that involve, by implication, the

actions of one minister or more, or more than one department, or any number of officials,

is for government to commission an independent judicial inquiry with a justice of the

court, with a broader mandate, with a full and open public hearing and so forth, so the

public can have confidence that justice is done, but more importantly, that justice is

seen to be done.

Will the Premier agree that these allegations go far beyond normal

conflict of interest questions, like being a director of a company or owning shares

improperly, and warrant a full-scale, broad, open, transparent judicial inquiry, like the

Justice Steel inquiry several years ago, and will he commission such an inquiry?

MR. SPEAKER: The hon. the Premier.

PREMIER TOBIN: Mr. Speaker, I am not prepared to stand and agree

with any of the suppositions being put by the Leader of the Opposition. I am prepared to

say that the allegations are serious enough that they warrant an investigation by the

RCMP. They warrant the police authority of this country investigating these allegations to

find out what substance, if any, these allegations have.

Now, if the Leader of the Opposition and members opposite want to

suggest, because they are interested in trying to spread and smear, and through innuendo

try and capture members of the Cabinet, if they want to suggest that the RCMP are not an

independent authority, that position is one for them to defend. I think everybody in this

country knows that when the RCMP are given the job to do it will be done independently, it

will be done thoroughly, and the investigation will take them wherever they want to go.

Now I want to respond to what the Leader of the Opposition has said.

The Member for Baie Verte made clear in the House two days ago in front of a good many

members here in the front bench, as did the Leader of the NDP, that they had been

approached by Mr. Woodrow, either directly or indirectly, made aware of some of these

allegations, and dismissed them because they found them quite incredible. Mr. Speaker, I

want to make clear that the letter which was sent to me, which I have now seen, by Mr.

Woodrow has allegations that half the private sector of St. John's, landlords, officials -

MR. SPEAKER: Order, please!

I ask the hon. the Premier to conclude his answer quickly.

PREMIER TOBIN: - were all involved in a conspiracy. That letter

should be tested, and those allegations, by the RCMP. That is exactly what is happening.

MR. E. BYRNE: On a point of order, Mr. Speaker.

MR. SPEAKER: On a point of order, the hon. the Leader of the

Opposition.

MR. E. BYRNE: Mr. Speaker, I just want for the record, because the

Premier -

SOME HON. MEMBERS: (Inaudible).

MR. E. BYRNE: The member can speak for himself. I am on a point of

order, Mr. Speaker.

MR. SPEAKER: Order, please!

MR. E. BYRNE: Not the Members for Baie Verte, Cape St. Francis, St.

John's West, Conception Bay South, St. John's East, St. John's South, Waterford Valley,

Bonavista South or Kilbride have ever met with Mr. Woodrow! I want to be clear, Premier.

You just indicated, sir -

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

MR. E. BYRNE: - that this member had met with Mr. Woodrow. He did

not, Premier!

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

AN HON. MEMBER: (Inaudible).

SOME HON. MEMBERS: Oh, oh!

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

On a point of order, the hon. the Member for Baie Verte.

MR. SHELLEY: I say to the Minister of Education that I have no

problem telling the truth. The point of order is that the Premier of this Province had a

private conversation and is trying to infer that I had conversations with Mr. Woodrow at

any time. I will say on record, zero, Mr. Speaker, zero contact!

MR. SPEAKER: Order, please!

No point of order.

PREMIER TOBIN: To the point of order, Mr. Speaker.

MR. SPEAKER: The hon. the Premier.

PREMIER TOBIN: The Member for Baie Verte has said: I have not

personally met with Mr. Woodrow. Then perhaps he could explain what he meant when he told

members over here that he had had information from Mr. Woodrow which he refused to act on

because he found it not credible.

MR. SPEAKER: Order, please!

No point of order.

SOME HON. MEMBERS: Oh, oh! Oh, oh!

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

The hon. the Member for St. John's East.

MR. OTTENHEIMER: Thank you, Mr. Speaker.

On the same topic, I would like to direct a question to the Minister of

Justice and Attorney General. We heard yesterday about this September 8 correspondence

that was forwarded to the Premier. According to the Premier yesterday, he had no knowledge

of it, was never aware of it, and that the response was sent by a member of his staff to

the Deputy Minister of Justice.

My question directly to the Minister of Justice is this. We have heard

the Premier say he had no knowledge of the letter. There was a representative of his staff

who then forwarded it to your deputy. My question to you, Mr. Minister is: Did your deputy

relay the information with respect to the contents of that letter to you as minister?

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

MR. DECKER: Mr. Speaker, as you can imagine, the Premier's Office

receives hundreds of letter every day. These letters go out to various departments,

sometimes to prepare a draft for the Premier, sometimes to have the department reply to

the letter. This specific letter came down to my deputy, the deputy replied. I believe her

reply was made public.

Frankly, I cannot remember if it was brought to my attention or not,

but I have seen the letter now. Frankly, I think the letter does talk about some sort of

conspiracy. The whole public saw the letter, but I cannot remember the deputy bringing it

to my attention at the time. Maybe she did, but I see a lot letters. I cannot remember

specifically. A reply did go out, as it normally would.

SOME HON. MEMBERS: (Inaudible).

MR. SPEAKER: Order, please!

A supplementary, the hon. the Member for St. John's East.

MR. OTTENHEIMER: Thank you, Mr. Speaker.

He cannot remember, maybe did, maybe did not. Mr. Minister, are you

aware of it, yes or no?

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

language, maybe he can read it. He can read Hansard tomorrow. I can only give him the same

answer, Mr. Speaker. I can only give him the answer I gave. The letter was dealt with in

the manner that hundreds of letters are dealt with. Now whether or not I saw it, I cannot

remember. Maybe I did. I will check my records.

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

MR. FITZGERALD: Thank you, Mr. Speaker. My questions are to the

Minister of Fisheries and Aquaculture.

Minister, in light of the successful index fishery in area 3L on the

northeast Coast, whereby fisherman caught their quotas in just a few hours of fishing, I

ask the minister if he will be recommending to the federal minister that a commercial

inshore fishery with set quotas be allowed to take place in this particular area in 1999?

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

MR. EFFORD: Mr. Speaker, there is nobody in the Province any more

excited about the future of the fishery in this Province -

SOME HON. MEMBERS: (Inaudible).

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

MR. EFFORD: Mr. Speaker, there is nobody in this Province any more

SOME HON. MEMBERS: (Inaudible).

MR. EFFORD: I will try again, Mr. Speaker.

MR. SPEAKER: Order, please!

The hon. the Minister of Fisheries and Aquaculture.

MR. EFFORD: Mr. Speaker, the future of the fishery is very

exciting. We are all excited about what is happening in the fishery today and we are

excited about what the possibilities of the fishery of the future will be like. The one

thing we must do is make sure that every decision is made, in quotas of every species,

based on the best scientific knowledge available, so that we never ever again, in even the

slightest thought, come close to repeating the mistakes of the past. The index fishery

along the northeast coast did show some positive signs this year. I would like to see all

of the information gathered. I would like to be able to see the scientific information as

well as the fishermen's own information, the sentinel fishery information. The one thing

that really concerns me are the latest results from the offshore research where there is a

very low harvest in the time that they have spent researching on the Grand Banks this

year.

I will not be saying in the House today that I will be recommending an

increase in the northeast coast index fishery, a commercial fishery next year, until we

have all of the information available, and that we are absolutely sure it is all based on

the best scientific information we can get.

MR. SPEAKER: A supplementary, the hon. the Member for Bonavista

South.

MR. FITZGERALD: Thank you, Mr. Speaker.

Fishermen around the Province are frustrated by the fact that it may be

as late as next May or even June before the federal minister, your cousin, brings forward

the groundfish quotas for 1999. I ask the minister if he considers this acceptable,

considering the fact that the fishermen need this information now in order to prepare for

next year's fishery.

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

MR. EFFORD: Mr. Speaker, no, I do not consider it acceptable. In

fact, as early as last week I went to Halifax and met with the FRCC. I made a presentation

to the FRCC on my concerns on the groundfish stocks and what measures should be taken, or

what recommendations they should be making to the minister for the future quotas.

One thing that I did talk about was that this year past, in 3Ps, we

lost the cod grow-out, the cod farming industry, because of the lateness of which the

quotas were set in the middle of the summer. We are saying that in 3Ps where there are

quotas going to be set next year - we are sure there are going to be quotas but not sure

how high there are going to be - that the season must be opened early.

It is also not acceptable to have scientific reports come down on any

stocks late in the season or early in the summer. They should be down at an early

reasonable time so fishermen can either gear up for the fishery or at least not spend any

money gearing up, knowing exactly what is going to happen in an appropriate time -

January, February, at the latest.

I agree with the hon. member: An appropriate time, an early date, so

that the information should be gathered and the fishermen should be well informed.

MR. SPEAKER: A supplementary, the hon. the Member for Bonavista

South.

MR. FITZGERALD: Thank you, Mr. Speaker.

I ask the minister if he realizes, or if he is at all concerned, with

the late time frame in bringing forward this new information on what the allowable fishery

might be, the total allowable catch in 1999, the people in Fortune Bay who would normally

carry out the hook-and-line fishery in the winter months, I ask the minister if he is

concerned at all that those people are now being bypassed and that fishery will not be

allowed to take place whatsoever?

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

MR. EFFORD: I just answered the question. A week ago, I went up to

Halifax and made a presentation there to the FRCC. What I said was, we know that there is

going to be a least a 20,000 ton quota next year in 3Ps and we are saying: Take a portion

of that quota, whether it be 7,000 tons or 10,000 tons of that quota - and the fishermen

who need to start early in the season - January or February - then announce that quota

early so those fishermen can get started. I said that very clearly. That is the

recommendation that we asked for the FRCC to put forward to the minister as early as

possible.

MR. DECKER: A point of order, Mr. Speaker.

MR. SPEAKER: On a point of order, the hon. the Minister of Justice.

MR. DECKER: Mr. Speaker, the hon. the Member for St. John's East

asked me a question to which I had expressed some doubt. I could not recall whether or not

I saw the letter.

I received a note from my deputy who was listening, no doubt, saying:

Minister, I did not bring the letter to your attention until yesterday - signed by my

deputy.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Order, please!

There is no point of order.

The hon. the Member for St. John's East.

MR. OTTENHEIMER: Communication shutdown, I say, Mr. Speaker.

MR. SPEAKER: Order, please!

MR. OTTENHEIMER: We have a letter to the Premier that the Premier

knows nothing about, and a letter to the minister that the Minister of Justice knows

nothing about.

MR. SPEAKER: Order, please!

MR. OTTENHEIMER: I suggest an investment in letter openers and

messengers.

MR. SPEAKER: Order, please!

The Chair has ruled that there was no point of order raised by the

Minister of Justice. The hon. the Member for St. John's East, is he asking a question?

AN HON. MEMBER: (Inaudible).

MR. SPEAKER: The hon. the Premier.

PREMIER TOBIN: Mr. Speaker, to the point of order.

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

The Chair has ruled that there is no point of order.

SOME HON. MEMBERS: Hear, hear!

PREMIER TOBIN: A new point of order.

MR. SPEAKER: The hon. the Premier.

PREMIER TOBIN: Mr. Speaker, so that the -

MR. TULK: A point of privilege.

PREMIER TOBIN: A point of privilege. So that the facts are straight

- that is my intention today, to keep the facts straight - the letter in question was sent

to my office on September 8. The letter was sent by one of my staff to the Department of

Justice, as is normal, on September 9 for a reference. On September 11, the Deputy

Minister of Justice wrote back to Mr. Woodrow advising him that if he believed he had

matters that ought to be dealt with, he should seek remedy through the legal system.

MR. SPEAKER: Order, please!

PREMIER TOBIN: Mr. Speaker, those are the facts. The real question

is: Why did Opposition members, having this information for months, do nothing with it if

they thought it credible?

MR. SPEAKER: Order, please!

There is no point of order.

MR. E. BYRNE: A point of order, Mr. Speaker.

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

MR. E. BYRNE: The Premier again said he wants to deal with facts.

Then let's deal with the facts. He has indicated: Why did the Opposition have this

information for months? The Official Opposition had no information.

SOME HON. MEMBERS: Oh, oh!

MR. E. BYRNE: Mr. Shelley, has no information. There is no -

AN HON. MEMBER: (Inaudible).

MR. E. BYRNE: If the Premier wants to deal with the facts, we will

deal with them. Nobody in my caucus was in possession -

MR. SPEAKER: Order, please!

MR. E. BYRNE: Let me make it clear for you Premier.

AN HON. MEMBER: (Inaudible) weasel words.

MR. E. BYRNE: Weasel words.

SOME HON. MEMBERS: Oh, oh!

MR. E. BYRNE: Mr. Speaker, to the point of order.

MR. SPEAKER: Order, please!

I ask the hon. the member to get to his point of order.

MR. E. BYRNE: Nobody in my caucus has any correspondence -

AN HON. MEMBER: (Inaudible).

MR. E. BYRNE: Would you like to listen? Would the Premier like to

listen?

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

MR. E. BYRNE: Would you like to listen?

MR. SPEAKER: Order, please!

MR. E. BYRNE: This is the Premier's stew; he can stew in it. I am

not going to jump in with him.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Order, please!

There is no point of order.

The hon. the Member for Waterford Valley.

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

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

The Chair has recognized the hon. the Member for Waterford Valley.

MR. H. HODDER: Thank you, Mr. Speaker. My question is to the

Minister of Education.

In the aftermath of the closure of the Newfoundland and Labrador

Paralegal Training Institute and the Career Academy, commitments were made by government

to students that they would have to pay their tuition twice. In other words, receiving

schools would complete their training by accessing the balance of the students' tuition

fees. What steps has the government taken to ensure that this commitment made by the

government has been honoured and that no students who completed their training at

receiving schools paid any more than the total of the tuition they would have ordinarily

paid at either the Paralegal Training Institute or the Career Academy?

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

MR. GRIMES: Thank you, Mr. Speaker.

Maybe he could check with the students themselves to find out what

steps have been taken, because I understand they are more than satisfied with the

initiatives taken. I might use the opportunity in answering the question to refer the

member as well to an item raised by the Leader of the Opposition with respect to reference

to some commentary this morning about the Paralegal Institute, since it was part of the

question that was asked, suggesting that there were changes made in policy just for the

Paralegal Institute.

We dealt with those issues in the Legislature last year. We can refer

to Hansard on page 1800, and two other pages in the week of December 11-15. No such thing

occurred. Every procedure that any institution went through was followed by the Paralegal

Training Institute. The policy on student loans in the Province was changed two weeks

before Mr. Woodrow's office wrote asking if he could have it, because he did not know it

had occurred.

MR. SPEAKER: Order, please!

MR. GRIMES: The exact opposite of what the Opposition is alleging

actually occurred in that instance.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Order, please!

A supplementary, the hon. the Member for Waterford Valley.

MR. H. HODDER: In other words, Mr. Speaker, the minister has done

nothing to honour the commitments made to students that they would not have to pay their

tuition twice.

I have documentation here which shows that the tuition paid by a

particular student of Paralegal for five semesters was supposed to be $14,512.50, or

$2,102.50 per semester plus the cost of books. This student completed two semesters and

paid $5,805.00 in tuition fees, plus $400.00 in the cost of books.

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

MR. H. HODDER: However the receiving school, I say to the minister,

has assessed this student a total of $13,233.00.

MR. SPEAKER: Order, please!

I ask the hon. the member to get to is question.

MR. H. HODDER: The student is now required to have paid $19,038.

I ask the minister: Will the government honour their commitment? This

student is paying 31 per cent higher for the total tuition than they would ordinarily have

paid if the Paralegal school had not have been closed.

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

MR. GRIMES: Thank you, Mr. Speaker.

I am always delighted to get an opportunity to speak about the now

closed Paralegal Training Institute. Because, Mr. Speaker, the Paralegal Training

Institute in getting its license in the first instance went through every process that any

other training institution in the Province went through. The problem at the beginning was

that the owners suggested there was a difficulty in the department because of the fact

that he was a known Liberal and that the process was being deliberately slowed down. That

was checked into. It did not occur. The license was issued.

The main reason that the school closed was because the members opposite

so dragged the reputation of the institution into the mud in this Legislature on December

11, 12, 13, 14 and 15 of last year.

SOME HON. MEMBERS: Hear, hear!

MR. GRIMES: In that period of time, Mr. Speaker, the same issues

that are being spoken of on CBC radio this morning as if it is new information were raised

in this Legislature a year ago.

SOME HON. MEMBERS: (Inaudible).

MR. SPEAKER: Order, please!

MR. GRIMES: The Member for Baie Verte is asking: Will the minister

table in the House -

SOME HON. MEMBERS: Oh, oh!

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

I ask the hon. minister to quickly conclude his answer.

MR. GRIMES: Yes, Mr. Speaker. Because the question asked by the

Member for Baie Verte was: Will the minister table in the House request for exemptions by

the Paralegal Training Institute? The question was answered. There were none given.

SOME HON. MEMBERS: (Inaudible).

MR. SPEAKER: Order, please!

MR. GRIMES: The Opposition, by innuendo, suggested there was

something improper about this institution. Students lost faith in it, they stopped going,

and the business went defunct thanks to the Official Opposition.

MR. SPEAKER: The time for Oral Questions has elapsed.

Presenting Reports by

Standing and Special Committees

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

Services.

MS J.M. AYLWARD: Thank you, Mr. Speaker.

SOME HON. MEMBERS: (Inaudible).

MR. SPEAKER: Order, please!

MR. SHELLEY: Mr. Speaker, the minister said that I lied in the

House twice and I ask him to withdraw, Mr. Speaker.

MR. SPEAKER: Order, please!

I did not hear what the hon. member had said, but I know if the hon.

member had said anything that is unparliamentary he would certainly withdraw.

The hon. the Minister of Education.

MR. GRIMES: Absolutely, Mr. Speaker. I would not say anything

unparliamentary.

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

Is the hon. member withdrawing?

MR. GRIMES: Yes, Mr. Speaker, I did say that the hon. Member for

Baie Verte lied, and I would withdraw the statement because it is unparliamentary.

MR. SPEAKER: Order, please!

The hon. the Minister of Health and Community Services.

MS J.M. AYLWARD: Thank you, Mr. Speaker.

In accordance with

Section 35 of the Medical Care Insurance Act, I

would like to table in the House of Assembly today the 29th Annual Report of the

Newfoundland Medical Care Commission. This report describes the coverage provided under

the medical care plan and the dental health plan, and the results of the Commission's

operations for the fiscal year ending March 31, 1998.

SOME HON. MEMBERS: (Inaudible)!

MR. SPEAKER: Order, please!

The Chair is going to ask for order in the House before we proceed with

any other business.

SOME HON. MEMBERS: (Inaudible).

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

If hon. members wish to converse I think they should do it outside the

Chamber because they are interrupting the proceedings in the House.

SOME HON. MEMBERS: (Inaudible).

MR. SPEAKER: Order, please!

Notices of Motion.

Answers to Questions for which Notice has been Given.

Petitions.

Orders of the day.

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

MR. DECKER: Order No. 16, Mr. Speaker, Bill No. 37. I think the

Member for Waterford Valley adjourned debate.

MR. SPEAKER: Order 16, Bill No. 37, "An Act Respecting Child,

Youth And Family Services."

The Member for Waterford Valley I believe adjourned the debate, was it?

AN HON. MEMBER: (Inaudible).

MR. SPEAKER: The Chair had called Petitions, had called all the

routine proceedings. The Chair had gone through the routine proceedings.

SOME HON. MEMBERS: (Inaudible).

MR. SPEAKER: Order, please!

MR. E. BYRNE: On a point of order, Mr. Speaker.

MR. SPEAKER: On a point of order, the hon. the Leader of the

Opposition.

MR. E. BYRNE: We apologize, Mr. Speaker. We did not hear when you

called Petitions. The Member for Waterford Valley has just gone up to get some of his

notes for speaking on the bill. If we could revert, by leave of the House, just for one or

two petitions?

MR. SPEAKER: Order, please!

To that point of order, the hon. the Minister of Justice.

MR. DECKER: Yes, Mr. Speaker, but I distinctly heard Your Honour

call Petitions and call the Orders of the Day. Hon. members obviously had other things on

their minds. We will certainly revert.

MR. SPEAKER: We will revert.

Petitions

MR. SPEAKER: The hon. the Member for Cape St. Francis.

MR. J. BYRNE: Mr. Speaker, I rise today to present a petition from

a number of people in the Flatrock, Pouch Cove and Bauline area who are still waiting, who

have had the word from the Minister of Education, his word at least a dozen times, that a

new school would be built down there. I present this petition, a second petition, from the

people in that area. He gave me his word in this House of Assembly, he gave it to me

outside the House of Assembly, he has given it to members of the school board, he has

given it to parents in the area, for funding for a new school. It has not been forthcoming

yet and we are still waiting, although he tells me it is very close. I will get to the

petition now.

To the hon. House of Assembly of Newfoundland in legislative session

convened, the petition of the undersigned residents of Flatrock, Pouch Cove and Bauline:

WHEREAS prior to the education referendum the Roman Catholic School

Board and the Avalon Consolidated School Board, with the parents' approval, agreed to

combine St. Agnes and Pouch Cove Elementary to create a new K-IX school for our children;

and

WHEREAS our new school board approved the same proposal on July 2,

1998; and

WHEREAS the Minister of Education has made a commitment to the board,

the MHA and the parents of our area that the funding to construct a new combined school

will be forthcoming;

WHEREFORE your petitioners urge the Government of Newfoundland and

Labrador to ensure funding is made available as soon as possible for the construction of

our new K-IX school for the benefit of our children of our three communities.

And as in duty bound your petitioners will ever pray.

Mr. Speaker, this is a second petition that I have presented here

within the past two weeks. Again, a bit of the history. Before we had the education

referendums, or referenda, whatever you want to call it, the people of those three

communities, the parents, the school boards, the teachers and the students came together

for a new school for the K-IX students in that area. It is long overdue.

We have two buildings down there. St. Agnes is not in good condition by

any stretch of the imagination. The fire departments have been called to that school a

number of times. Pouch Cove Elementary requires a lot of work also. When we get the new

school, as the Minister of Education has promised - and he has promised other members in

this House of Assembly also, and that the money would be forthcoming, that the money would

be approved. We have been waiting. The children of those three communities are the ones

who are hurting, the students in that area.

We know from public meetings with the new Avalon East Board, that they

went to that area, they have gone down there, and had public meetings in the communities.

I have attended the public meetings. They have asked that the school councils come

together, that they make a proposal to the Avalon East Board about how in the future they

want education in that area to develop. The answers came back from the school councils,

which are Holy Trinity Elementary in Torbay, Holy Trinity High, St. Agnes, Pouch Cove

Elementary and St. Francis. They have had their meetings (inaudible) councils, they have

had public meetings in their communities, and they have come back and said they wanted a

K-IX in Pouch Cove, a K-IX in Torbay, a K-IX in St. Francis, basically feeding into,

eventually, the Holy Trinity High School in Torbay.

The Avalon Board is telling us that they cannot do anything in St.

John's until the students that leave Pouch Cove, that leave Torbay, that leave Flatrock,

that leave Bauline and go to St. John's are brought back into that new St. John's north

zone. They cannot do anything until this new school is constructed. We have been waiting.

It is long overdue. The students themselves need a new gymnasium, they need computer

rooms, they need all the facilities, they need a cafeteria. They need all these new things

that will come with a new school.

Holy Trinity High School meets the same standards with respect to the

programs that are being offered in St. John's. Some of the students in St. Francis, I

think, are maybe prepared to go to Holy Trinity in Torbay. That is the feedback that we

are getting, but this is the key in the overall picture for the Avalon East Board, to get

the funding for this. I directly ask the Minister of Education here today, again: When are

we going to get the financing for the school?

I know the Member for Bellevue, I think, is waiting for funding for a

new school in his area and he has been told the same thing - that there is money going to

be forthcoming and that there are going to be a number of schools built. They have the

money for one.

Last year, by the way, the Avalon East Board, which has the most

students of any board in the Province, got the least amount of funding for capital works

in the Province. If you want to go through the Province and look at where the new schools

were built, sometimes you question why they were built in certain areas and why the Avalon

East Board did not get their proper funding on a percentage basis that they should have

had. I want the minister to stand in his place and tell us -

MR. SPEAKER: Order, please!

The hon. member's time is up.

MR. J. BYRNE: By leave, Mr. Speaker, just to clue up.

MR. SPEAKER: By leave.

MR. J. BYRNE: I will ask the hon. Minister of Education, if he

would pay attention here now - is the Minister of Education listening? No.

I will say it anyway, to be on record. We want a new school. I ask the

Minister of Education to stand and respond to this petition and tell us again - as he did

two weeks ago, when he alluded to us that it was going to be a short period of time when

the school will proceed - when will he announce the funding?

MR. DECKER: A point of order, Mr. Speaker.

MR. SPEAKER: Order, please!

The hon. the Minister of Justice.

MR. DECKER: Mr. Speaker, the hon. gentleman knows that he has a

right to present a petition, and members of the House have a right to speak to that

petition. He has no right to demand that the Minister of Education or the minister of

anything else would reply to a petition. I suggest that the hon. gentleman be called to

order.

MR. SPEAKER: Order, please!

There is no point of order. I ask the hon. member to take his seat.

The hon. the Member for Waterford Valley.

MR. H. HODDER: Mr. Speaker, I want to speak for a few moments to

support the petition put forward by my colleague, the Member of Cape St. Francis. The

House will recall, comments have been made in the House on many occasions that this

particular member has worked so diligently and so aggressively on behalf of his

constituents, particularly those in Pouch Cove and Flatrock, to make sure -

AN HON. MEMBER: Bauline.

MR. H. HODDER: - and Bauline, to make sure that these three

communities and their children have access to the best education possible. His work on

their behalf is certainly recognized by members of this side of the House, and I do

believe it is recognized by all members on both sides of the House.

I do have some familiarity with the communities named here. I do have

an association, through family connections, with the municipality of Pouch Cove and know

the school system there quite well, in fact. I also know that these communities and the

parents in these communities are motivated by what is best for their children. It takes a

great deal of, shall we say, dedication for parents in these communities to say that we

are going to agree to close up the two schools we now have. We are going to close up St.

Agnes, we are going to close up the school that is in Pouch Cove, Pouch Cove Elementary,

and we are going to be willing to combine our efforts.

That is the kind of initiative we want to encourage in this Province.

The member has been working now for more than three years to make this happen. He has had

community meetings in Pouch Cove, Bauline, and Flatrock. He has been able to work with the

communities to come up with a site selection. It was not very easy. It was not very easy,

given the rivalry that is traditional between those particular communities. He has done a

great job.

He has done a great job not only for the communities but also for the

Avalon East School Board and for the Ministry of Education, because right now all that is

needed here is a decision by the ministry to say: We are going to give the Avalon East

School Board the authority to go to public tender, to be able to call the tenders.

We know that it is going to take, traditionally in Newfoundland, about

six months from the time that you put the tender proposals out until you actually have the

school construction starting. There is a six-month delay. So if we were to go now, and if

we were to have the tenders called now, it would take probably until late next fall or

even later than that before this school could be opened.

Basically what we are saying to the minister is that there is a lot of

information here. It has been gathered by the member, the approvals are in place, and it

is appropriate that the ministry would now move to take action to have the school built.

It has agreement by all parties and it is time, I think, that we made some concrete

decisions and got the capital funding approved.

Thank you very much, Mr. Speaker.

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

MR. GRIMES: Thank you, Mr. Speaker.

I appreciate the opportunity to make a few comments. The matter is

being dealt with as expeditiously as possible but unfortunately the hon. Member for

Waterford Kenmount, who used to be a mayor and I thought would know a bit more about this

kind of stuff, portrays it as a very simple matter of giving people permission to go to

tender. I guess that is because he has never run anything in government.

MR. H. HODDER: I have called many a tender, Sir.

MR. GRIMES: I guess, Mr. Speaker, if he ever lives long enough, I

suppose, to sit on the government side of the House, he might understand the Financial

Administration Act of the Province, which prohibits the government in any department from

issuing a tender unless the money is appropriated for the project.

Mr. Speaker, when the money is appropriated with proper authority for

this project and several others, the tenders will be let. He knows that we would be

violating the Financial Administration Act if we were to just go ahead and give the board

permission to let the tender today, because it takes five or six months. By the time the

tender is actually dealt with, we will have the money. You are not allowed to do it. When

we have the appropriation we will announce this school. This school is being built; it

will be announced at the earliest opportunity.

MR. H. HODDER: On a point of order, Mr. Speaker.

MR. SPEAKER: Order, please!

The hon. the Member for Waterford Valley, on a point of order.

MR. H. HODDER: Mr. Speaker, what the minister is saying is not what

I said at all. I understand the process quite well. It is also within his power to make

sure that the appropriate appropriations are made, to get that done, and then you can go

to the second process. I know the process quite well.

MR. SPEAKER: Order, please!

I ask the hon. member to take his seat. There is no point of order.

The hon. the Minister of Education.

MR. GRIMES: Thank you, Mr. Speaker.

He exposes again the fact that like the would-be mayor of St. John's,

the Leader of the NDP, who would like to run something sometime, he knows nothing about

it.

To suggest that any one minister on this side of the House can do an

appropriation of $5 or $6 million just because he wants to means he does not have the

slightest idea how the government of the Province runs, and he is completely out to lunch

on the issue.

The Member for Cape St. Francis is quite genuine in terms of presenting

the petition. He knows the school is going to be built. He knows that the parents are

frustrated, we are all a bit frustrated, that it is taking a period of time. The Member

for Waterford Valley was no help in supporting the petition because he didn't know what he

was talking about, and he knows nothing about how the process actually occurs.

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

MR. T. OSBORNE: Thank you, Mr. Speaker. I have a petition to the

House of Assembly:

To the hon. the House of Assembly of Newfoundland and Labrador in

legislative session convened:

The petition of the undersigned residents of Labrador City

WHEREAS we, the residents of Labrador City, condemn the provincial

government in supporting the Iron Ore Company of Canada's decision to process Labrador

resources in Sept-Iles, Quebec;

WHEREFORE your petitioners urge the Government of Newfoundland and

Labrador to reverse this decision immediately and support a policy of secondary processing

within the Province of Newfoundland and Labrador;

And as in duty bound your petitioners will ever pray.

Mr. Speaker, we heard an announcement yesterday by the Minister of

Mines and Energy regarding the Voisey's Bay plant and the fact that Voisey's Bay, the

mine, mill and smelter together, would still allow Inco to recover profits in the area of

17 per cent return. I would suggest that if they were to view the smelter on its own that

the smelter itself, leaving out the combined smelter, mine and mill, probably would not

give 17 per cent return. It may not even give a high return at all on its own yet,

combined with the mine and mill, when you look at the ovoid, the minister stated that this

is the time to get a smelter while the ovoid is there. If we wait until the ovoid is mined

we will never see a smelter.

I agree with that, and I agree with the statements the Minister of

Mines and Energy made yesterday regarding Inco and Voisey's Bay, and I commend him for

making those statements, but by the same token we have to look at the fact that the pellet

plant, on its own, may not be profitable. In fact, it may be more profitable in Quebec. A

smelter for Voisey's Bay may be more profitable in Quebec, but we don't want a smelter for

Voisey's Bay being located in Quebec, nor do we want the pellet plant for Labrador West,

for the Iron Ore Company of Canada, located in Quebec.

If you combine the efforts of the pellet plant and the iron ore

operations in Quebec, I would suggest that it would be profitable. Perhaps not as

profitable as it would be by opening the pellet plant in Sept-Iles, Quebec, but it would

be profitable. As long as our resources can be secondary-processed right in this Province

at a profit, as long as it is viable to do so, it must be done here. Almost everything we

manufacture in this Province, if we looked, we could find somewhere in Canada, the United

States or somewhere in the world that it may be more viable to manufacture them elsewhere.

That is not the name of the game.

The name of the game is, whether it is more viable to do so elsewhere,

as long as it is viable to do so in this Province we should use and utilize our resources

for the people of this Province, providing the maximum benefits, the maximum jobs and the

maximum secondary and spin-off that we can get from our resources. While a pellet plant

may be more viable in Sept-Iles, Quebec, it is not Quebec's resource. That resource

belongs to the people of this Province. As long as it is viable as a combined operation,

such as the smelter, mine and mill are viable as a combined operation for Voisey's Bay,

the pellet plant should be located in this Province.

Again, I will commit that our resources should be utilized for our

people, for our Province, and the benefit of future generations, not for the people of

other provinces. Thank you, Mr. Speaker.

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

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

It is a pleasure for me to rise on behalf of the people of Labrador

West today. These people deserve better. It is not a pleasure to have to speak about this

petition but it is a pleasure to put it forth on their behalf.

The people of Labrador West have built these communities and they have

built them around the iron ore. In the past forty years they have put their entire lives

into their community in Labrador West. This is what brought them there. This is what built

the community. This is their very lives, the iron ore.

As my colleague said, if it would be a drain on the Province or if it

would cost the Province, that is one thing. Then we would have to have a second look. It

is not. It is not even going to be a drain on the company, but the company, in their

greed, want to make more profits. They want to take our resources out of our Province and

refine them in another province, and this is not fair. It is not fair to the people of the

Province, and it certainly is not fair to the people of Labrador City who have spent their

entire lives - I think we are probably into three generations of people now who have built

that city, who have built that community. They have put their entire lives into it. A

company which has been there for forty years - and it has been profitable for forty years,

they have been making a go of it for forty years. Why now are we giving them permission

or, conversely, allowing them to take our resources out of our Province to be profitable

for another province? That could actually be the death of that community up there.

I think we really should be taking a second look at what we are doing

in Voisey's Bay and what we are doing in Labrador City. They are probably at total ends of

the spectrum. We should probably have a very good look at it, because the people in that

community and the people of this Province deserve the opportunity and the right to process

our resources in this Province.

Thank you, Mr. Speaker.

Orders of the Day

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

MR. DECKER: Yes, Mr. Speaker, we will try again. It is Order No.

16, Bill No. 37.

MR. SPEAKER: I believe the hon. Member for Waterford Valley

adjourned the debate.

The hon. the Member for Waterford Valley.

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

I am pleased to rise this morning to continue the debate we were having

last evening on Bill 37.

This is just to say that in general principal we on this side of the

House give approval to Bill 37. It is progressive and it is certainly much needed to

replace the antiquated legislation that covered child welfare in this Province, and also

to change the philosophy and the approach that was so evident in the previous legislation

which was inconsistent with the thought processes that are followed today.

Yesterday afternoon, when I was finishing up just before the Late Show

began, I was indicating that we may have missed an opportunity to include something here

relative to inclusion of social workers in the classroom. I had said at the time that in

1992 there had been a pilot done with the Roman Catholic School Board in St. John's and

the Avalon Consolidated School Board where they had, in consultation with the School of

Social Work at Memorial University, placed some social workers in the school system. That

pilot was eventually expanded to include schools in the Conception Bay South School Board

and in the Appalachia School Board. A total of eighteen schools participated in that

particular program. One of the schools that did participate was Mount Pearl Junior High

School, where I had served as the principal for a number of years.

Initially there was some reluctance by school guidance counsellors and

other school officials. There were some hesitation in accepting and welcoming social

workers to the school environment. However, very quickly it became quite evident that

there were tremendous benefits. Some of the initial hesitations that were stated by

guidance counsellors, educational therapists and others were quickly dissipated when they

began to see that this could be a real team approach. They abandoned their own specific

interest and their former thought processes in the interest of the children.

Unfortunately, by 1995 funding for this type of cooperative approach

was discontinued. However, the Department of Education did contract a consultant, Warren

and Rowe, to conduct a review of the pilot with the view to assessing the psychological

needs of school-aged children to determine how best to deliver programs at the school

level to meet those needs.

Warren and Rowe conducted an extensive interview process, an extensive

review of social workers in the school system, and also other social work models

throughout Canada. Their conclusions were based on interviews with school officials, with

guidance counsellors, with social work participants, with officials at the School of

Social Work at Memorial University, and also in consultation with authorities in other

Provinces.

I should say that there have been social workers in the school system

in other provinces for a long time. For example, the first social worker placed in a

school system that I could find in my research occurred in the United States, and it was

in 1901. In Quebec there has long been a relationship between the school system and the

department of social work and the department of social services.

The recommendations of the Warren and Rowe Review then were based on

extensive analysis. They included a call for a comprehensive integrated model of service

delivery that would be multidisciplinary in nature and where the philosophical approach

would facilitate direct involvement and partnership of the entire community in child

development. Sharing of resources and the sharing of mandates would be child centred.

I point out this because the philosophy that came about with this pilot

is identical to the philosophy that is found in this particular piece of legislation.

However, the minister in her wisdom, or lack of it, decided she would not include in this

act any provision to have a child centred approach and an integrated approach between the

school system in the Department of Human Resources and Employment. That I think is very

regrettable, because we are missing a golden opportunity here. As I said yesterday in the

House, we should be willing to say that where the children are, that is where the services

will be.

The review done by Warren and Rowe found the social work internship

program to be mutually beneficial, then, to both the school of social work at Memorial and

to the school system and a great learning experience for the students who were doing their

practicum.

A strong recommendation was made that the program would be continued,

and that the three major funding groups - which included the provincial Department of

Social Services, which is now Human Resources and Employment - that they, in conjunction

with the federal government, would adopt strategies to have the internship program

extended to all schools in Newfoundland and Labrador.

We believe that this particular act is missing an opportunity to do

that. We say that the pilot in Newfoundland was enthusiastically endorsed by all of the

partners, the teachers, the guidance counsellors, the educational therapists, the school

psychologists, the social worker interns, et cetera. However, I regret to say that that

approach and the recommendation of the Warren and Rowe report are not seen in this

particular piece of legislature. I do believe that it can be modified to make sure we do

adopt those strategies to make sure we integrate those programs.

In the few minutes I have left I wanted to refer to the accountability

provisions in

section 75. We, on this side of the House, believe that these accountability

provisions need to be strengthened. We believe we can make the system more accountable, so

that we don't end up with situations as happened in the recent past, where we have things

going on which do not get uncovered or discovered for some months or years later. As a

consequence, the best interest of children are not being served.

We acknowledge that the minister has put in more accountability

provisions than has been previously the case. However, if you refer to

section 75 of the

proposed act, you will find the advisory committee, as established by the minister,

basically shows some serious weakness. It says that the review of the operations of the

act will take place every two years and report to the minister concerning these operations

and whether in its opinion, the principles and purpose of the act have been achieved.

We want to have a faster review process than that. We on this side

believe that if we were to appoint a child advocate, and that advocate was to be totally

independent of the Legislature - as happens in six of the ten provinces, and indeed in one

city. There is a child advocate for the City of Vancouver. We are not keeping up with the

accountability provisions that are being followed in other province.

I believe that an advisory committee is a good thing. However, we need

to have greater powers than are mentioned here. We know what happens when reviews are

written very often. We know what happens when appointments are made to advisory

committees. The whole point of our position on this side of the House is to -

SOME HON. MEMBERS: (Inaudible)!

MR. SPEAKER (Oldford): Order, please!

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

The whole point of our position on the child advocate is to strengthen

this legislation. It is not to replace, in specific terms, the accountability provisions

contained in

section 75. However, we on this side believe we can do better. It is not good

enough that we have to wait for two years before we can have an accountability provision

set in motion. That is not fair to children. We on this side believe that a child advocate

independent of the Legislature is a very positive thing, so therefore we have misgivings.

We know what happens when appointments are made to advisory committees.

We know that the party in power will assure that these appointments, as far as possible,

will, shall we say, very often be along party lines. We are not saying that is not a

tradition of parties in power, not at all, but we are saying we want to remove children's

interests and advocacy out of any potential political forum. We are saying that children

are so important that they should not have to be subject to the whims of the party in

power in order to have their interests expressed. Because we want to have absolute

independence, this is why we are saying we should have a child advocate.

If you look at the composition of the proposed advisory committee, it

will note that there will be a representative of the minister, a legal aid lawyer, and

that there will also be, in 75 (2)(f), "those other persons, not exceeding 3 in

number, who the minister may determine." In essence the minister's direct

appointment, representing the Ministry itself, nearly makes a majority of this advisory

committee. We know what happens. People who get appointed by the minister to advisory

committees are likely to be more sensitive to the whims of the party in power than they

are to the interests of children, and that is the danger. That is what happened in other

places. The advisory committees that have been appointed to review legislation are more

interested in being attuned to the wishes of the party in power than they are to, in this

case, the interests of children. That is why other provinces have gone and appointed a

totally independent person, called either an ombudsman or a child advocate.

As the minister will know, there are many examples. If you were to look

at the example for the Province of British Columbia, the minister went to BC or talked

with or had dialogue with, either directly or indirectly, Judge Gove. I am surprised that

she did not also acknowledge the extensive dialogue with the child advocate in British

Columbia. Because the idea of a child advocate is to have this official as an absolute

officer of the House.

We believe we are missing a very good opportunity here. We believe that

if we were to have a child advocate, and also probably have the advisory committee that

the minister mentioned here in place as well, that we would then make sure that the

interests of children finally get expressed, unfettered, in this Legislature, and that

children do not become a political football, which they should never be. That is why other

provinces have moved in a direction that is not being acknowledged by the Ministry. I

think that we in this Province have missed a golden opportunity by not following the

examples of the other six provinces in this country.

Mr. Speaker, I do understand that my time has now just about expired,

but if I were to make one or two final comments, I should say that I do have misgivings

about certain pieces of the legislation. In terms of its philosophical approach, it is in

the right direction.

We can do more and we should do more to protect the interests of

children. The methodologies are there. It merely means that we have to strengthen the

legislation, and when it comes to clause-by-clause analysis, we on this side will be

making a great number of suggestions and amendments.

Thank you very much, Mr. Speaker.

MR. SPEAKER: The hon. the Member for Cape St. Francis.

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

I am certainly pleased to stand in my place today and say a few words

with respect to Bill 37,

An Act Respecting Child, Youth and Family Services. I say it is

about time that this Administration, and maybe the previous Administration and the one

before that, did something for the youth of this Province, the children of this Province.

My understanding, in listening to what has been going on here in this

House of Assembly when this was introduced, the job the Member for St. John's West did

when she was speaking to this petition, she spoke over an hour on this bill, over an hour,

and made some very, very good points. To be honest with you, I was surprised that the

Member for St. John's West went so long, but she knows this topic so well that she spoke

eloquently on all topics with respect to this bill. I would say she did a better job than

the Minister of Health and Community Services.

AN HON. MEMBER: (Inaudible).

MR. J. BYRNE: The Minister of Health, that is right, introduced the

bill. I would say the Member for St. John's West did a better job than the Minister of

Health and Community Services in speaking to this piece of legislation.

AN HON. MEMBER: (Inaudible).

MR. J. BYRNE: Oh, I will get into the bill. I will get to the bill.

The Member for Bellevue - is it Bellevue that you are the member for? He wants me to get

to the bill. I am. This is a pretty wide-ranging piece of legislation, and from what I can

understand it has been fifty-four years since this was addressed, this piece of

legislation considering the youth of this Province. That is a long time.

Let me see, it will be fifty years of Confederation in March or April

of next year, so we are looking at four years, basically, before we joined Confederation.

That is hard to imagine, that we as a people, as a Province, would let such an important

group of people, children, child protection, in this Province, not be addressed or have

nothing done with it.

There are a lot of points to be made on this topic, there it no doubt

about that. I do not claim to be an expert, I can tell you that, in child protection. I do

have some association with it at an arm's length, to a certain extent. My wife has been

working with the Janeway for years and years, in the social work department down there, so

I do have some -

AN HON. MEMBER: (Inaudible).

MR. J. BYRNE: I am not, I say to the member. I am trying to get

some advice here, not to get into any conflict. I am just making the point that I do have

some attachment, I suppose, arm's length -

AN HON. MEMBER: (Inaudible).

MR. J. BYRNE: You can say what you like, boy.

The children of this Province - from what I understand, in child

protection there is somewhere around sixty social workers. That is hard to imagine in the

St. John's area, and from what I can understand they are overworked. Their caseload is an

extreme caseload, extraordinary caseload, far too much. Social workers in the area, from

what I can understand, are being stressed to the limit and they are continuing on with

their work. Maybe there should be 100 over there, from what I can understand.

The minister says that this act is something that is developed for the

system, not something for the bureaucracy, and that they will appoint a provincial

director and there will be six regional directors. That is a step in the right direction,

there is no doubt about that. I would not argue against that. Maybe there should be

sixteen or twenty regional directors, I do not know, but it is a step in the right

direction. They are talking about how they will have this integrated with the health

boards and so on. Again, Mr. Speaker, a move in the right direction.

They said that this is a bureaucracy and a complete devolution of

power. The Minister of Health and Community Services, when responding to questions from

the Member for Ferryland - he has asked questions of the Minister of Health and Community

Services oftentimes - the answer goes back to the boards, you know.

I find that this Administration is really trying to dissolve - they are

not dissolving their power, because they are putting things in place to grab more power

all the time. What they are doing with respect to certain boards in this Province is

basically trying to absolve themselves of responsibility. That is what is going on in the

Province today. All the boards are being used.

If there is good news, the Premier is front and centre, taking all the

credit what have you. Anything negative, that is the boards' fault. As an example, school

boards. Anything negative, it is the school board's fault. That is their decision.

Anything positive, front and centre. That is what is going on in the Province today.

This piece of legislation which is going through the House - and it

will be going through, I suppose. There is some negatively here but overall if something

is being addressed after fifty-four years, there has to be something positive in it, I say

to the Premier. I do not know what it is.

AN HON. MEMBER: Foundation(inaudible).

MR. J. BYRNE: It is a foundation. I am picking up on other

conversations in the House of Assembly, Mr. Speaker. I thought they were making comments

to me.

I have a lot of notes here on this. It says here in the area of child

protection the direct accountability to elected officials should exist. However, it is not

direct responsibility. The minister will not be directly responsible, and not directly

accountable. Now, that is the point I was making just a few minutes ago. I am just jumping

ahead of myself, I suppose, with respect to my notes. The direct responsibility is not

going to be held with the minister.

From my experience, I would think that the minister of any department

is directly responsible for what goes on in that department. We have seen it for years and

years and years that ministers had to resign over certain things that happened in their

department. As a matter of fact, we saw it this week. Here we have a situation under this

new legislation that is going through, that the minister will not be directly responsible;

the boards will be directly responsible. That to me, again, is washing your hands; but if

there is something positive I do not say the boards will be announcing it, I say to you,

Mr. Speaker.

Also, it says here the Cabinet will appoint a provincial director.

Again, the Member for St. John's West was making the point that accountability is confused

and defused. That is a point that needs to be addressed. If there is going to be new

legislation go through this House of Assembly, there has to direct accountability to the

minister. There should be no reduction of responsibility to the minister. That again, I

suppose, could be considered to be a political move.

The new committee that is going to be appointed is not granted any

power or any authority to review documents or reports. Its mandate is not spelled out.

Again, that is going to lead to confusion within the department. Who is responsible for

what? Who is going to be responsible for one thing? Then it will come back, again creating

confusion. The minister, whoever he or she may be, can wash their hands of anything that

may be forthcoming in the future.

One point that we, the Opposition, have been asking for in this House

for maybe as long as I have been here - and that is going on six years - is the

appointment of a child advocate. The department continued -

AN HON. MEMBER: (Inaudible).

MR. SPEAKER: Order, please!

MR. J. BYRNE: I ask the man the relevancy of that statement, Mr.

Speaker. I will not repeat it because I do not want it on record.

AN HON. MEMBER: (Inaudible).

MR. J. BYRNE: Yes, I had lots of hair when I was a child, I say to

the Member for Bellevue; do not worry about that.

A child advocate for the Province of Newfoundland and Labrador; six

other provinces have a child advocate. When it was asked in the House of Assembly: Will

she appoint a child advocate? The minister got up and said: Well, we have a committee put

in place and we want to see this legislation work. Give it time, and what have you. Six

other provinces have a child advocate. The minister made a statement and said: We do not

follow, we lead.

I remember her making that statement, and I have to laugh at that one,

I really do, because when any of the ministers get up on the other side of the House,

oftentimes when we on this side of the House ask a question: Why are certain things being

done? Why are certain policies put in place? Why is certain legislation being introduced

in the House of Assembly? The first response is: Such and such a province is doing it, and

they find it to be working well and what have you. Then the minister gets up and says: We

are leaders, not followers.

We could lead maybe three or four other provinces and appoint a child

advocate. There will be seven in place then. That would encourage the other provinces who

do not have a child advocate to appoint a child advocate, if we are such great leaders, I

say to the minister.

The point of a child advocate is this. This legislation of course is

going to address the sixteen- to eighteen-year-olds that fell between the cracks in the

old legislation. I remember in my office having young people come in to see me. They were

probably seventeen- to eighteen-years-old. We all have, as members of the House of

Assembly, young people come in. I had one last week, a young girl in school, pregnant, all

concerned what they were going to do. I don't say we all have those cases, but I am sure a

number of us have. We do what we can for those people. We go to social services. We try

and help them out to try to keep them in school.

We saw last week - and I compliment the minister on this one - that

$75,000 went to two schools in the Province for daycare, for high schools. I would say

there is a number of people out there who would not agree with that, I would think. The

problem with respect to social services I think is getting people off it. They get into it

so young that they find it hard to get off social services. If there is a young woman that

is pregnant and she wants to stay in school, of course that is a good idea to try and help

them out to get their education, and keep them away from the social assistance roles.

If we have a situation where because of the process they cannot get

assistance or whatever the case may be, because of red tape and what have you, or they are

not treated fairly, or they have certain complaints about certain things, a child advocate

can maybe cut through the red tape and give some assistance to these individuals.

We have been asking here also - I think the critic for health, the

Member for Ferryland, or maybe it was the Leader of the Opposition - for an inquiry into

what went on out in Whitbourne a few years ago. We have many complaints now in the

Province of Newfoundland and Labrador. The number is increasing almost daily -

AN HON. MEMBER: (Inaudible).

MR. J. BYRNE: The member says that there was a certain minister

before my time, long before my time, knew something about it.

MR. SPEAKER: Order, please!

MR. J. BYRNE: I cannot comment. I saw that individual on requesting

that an inquiry be done, that there was enough information out there now, but the Minister

of Justice refuses to do anything about it. We have been asking for it here. It is kind of

hypocritical when we have an administration bringing in legislation to protect children in

the Province, and then when something comes forward -

AN HON. MEMBER: (Inaudible)!

MR. SPEAKER: Order, please!

MR. J. BYRNE: He did, by the way. Why don't you ask the member? I

was not here. That is long before my time.

AN HON. MEMBER: (Inaudible)

MR. SPEAKER: Order, please!

MR. J. BYRNE: Mr. Speaker, the Member for Twillingate & Fogo is

in dreamland, and should be more concerned with what is going on in his district with

respect to a hospital being built out there, rather than asking me questions. I have

gotten calls from Fogo, believe it or not. Other members on this side of the House have

gotten calls from Fogo. I think he should be out there addressing that every opportunity

that he has, and maybe he is.

AN HON. MEMBER: (Inaudible).

MR. J. BYRNE: He is getting his blood pressure up now. He is

getting mad at me, Mr. Speaker, telling me to take care of my own district. I work at my

own district, there is no doubt about that. We get calls from other districts. As a matter

of fact, I had a call the other day from the District of Conception Bay East & Bell

Island for an individual on social services, and I tried to help that individual out. If I

get a call from anywhere in the Province, everyone is the same to me. I do what I can. If

they are a Tory, a Liberal, an NDP or not affiliated -

AN HON. MEMBER: You will never live long enough to return as many

calls as I do.

MR. SPEAKER: Order, please!

MR. J. BYRNE: What kind of a dreamland is that man living in, Mr.

Speaker? I get more calls in a day than you get in a month, I say to the Member for

Twillingate & Fogo. I do more for my area, and I don't take a back seat to anybody in

this House of Assembly with respect to the amount of work that I do in my district for my

constituents. I'm not hearing that from certain members on that side of the House! I know

what is going on. We are hearing it, we are getting the reports in.

I digress again, Mr. Speaker. Back to the bill. I know the Speaker was

just going to bring back to relevancy, but sometimes when you are in this House of

Assembly and you have members on the other side of the house interjecting and making

comments that they do not have a clue of what they are talking about,, it is hard to

ignore.

Anyway, with respect to the child advocate, we have been requesting it

for years in this House of Assembly. The minister continues to refuse to appoint a child

advocate, but the point has been made. We have a consumer advocate in the Province,

appointed, looking at the power rates. Then one would have to ask: Is this legislation

being a bit hypocritical? I do not know if I can use that. I'm not calling someone a

hypocrite, I am saying the legislation can be bit hypocritical. If we appoint a person to

look after the power rates, to look after the interest of consumers in the Province with

respect to power, what are we saying? What is more important here? Is it the children of

the Province or is it the power rates, I say to the minister?

AN HON. MEMBER: (Inaudible).

MR. J. BYRNE: This comment was just made across the House from the

Member for Bellevue: If you keep the power rates down we keep the children warm. That is

an important point, that children be kept warm, but there is much more to the well-being

of a child than keeping him or her warm. There is the social aspect of it, there is the

mental aspect of it. There is child abuse that has to be looked at. That is what this

legislation hopefully will address as time goes by. These are some of the things. Just to

say we appoint a consumer advocate with respect to power rates is going to help keep

children warm, I think that is oversimplifying the situation. I am sure that the member

that made that comment would agree with what I just said. It is just one of many factors

that has to be looked at when we are looking at child protection.

I have a lot of notes here, if anyone wants to see them. This is the

kind of work that we put into the legislation when we have it here. Just look at the

notes. We have members on that side of the House I would say who have not even seen the

bill yet. When we look at it, we look at it, Mr. Speaker. Now -

AN HON. MEMBER: (Inaudible).

MR. J. BYRNE: Pardon?

AN HON. MEMBER: Who prepared that? (Inaudible).

MR. J. BYRNE: Those are so childish, immature, and simpleminded,

Mr. Speaker, the comments coming from that side of the House. Who prepared it. What

difference does it make who prepared it? We prepared it. The Opposition prepared it. We

prepared it on this side of House and we are addressing it. I will tell you one thing, I

say to the Member for Bellevue - and I appreciate his interjection there. i have to say I

really do.

This is a piece of legislation that the Member for St. John's West is

the critic for. On my legislation, the Minister of Government Services and Lands had three

pieces of legislation, four the other day, and we addressed them. When I have mine - I'm

the critic for certain departments - I know what I'm talking about, let me tell you that,

Mr. Speaker. I look at them.

PREMIER TOBIN: On a point of order, Mr. Speaker.

MR. SPEAKER: Order, please!

On a point of order, the hon. the Premier.

PREMIER TOBIN: A point of order, Mr. Speaker. Just out of some idle

curiosity, I wonder if the rule of relevancy applies in the House today.

MR. SPEAKER: It does.

MR. J. BYRNE: Mr. Speaker, could you repeat that?

MR. SPEAKER: The hon. the Member for Cape St. Francis.

MR. J. BYRNE: I would say to that point of order that is no point

of order, Mr. Speaker, that when I am up speaking - you talk about relevancy? The way the

Premier gets on in this House of Assembly, and he showed it this morning, and he talks

about relevancy? The man should be ashamed to stand in his place and even utter the word.

SOME HON. MEMBERS: (Inaudible).

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

SOME HON. MEMBERS: (Inaudible).

MR. SPEAKER: Order, please!

MR. J. BYRNE: Anyway, Mr. Speaker, back to the bill. I have a lot

to say about this piece of legislation and I only have a half hour to say it.

Here is a very important point and I urge the Minister of Finance and

Treasury Board, with respect to this one, and the Premier, too, to listen. Because the

Premier likes to jump out in front of the bandwagon every opportunity he gets, jump in

front of the bandwagon and lead it. I am going to tell him one now that he can jump in

front of, if he wants to, and that is this.

We have this new Child Welfare Act going through the House of Assembly,

I say to the Premier. The point has to be made that this new bill, when it goes through

the House - I cannot say yet - won't be worth the paper it is written on if does not have

the financial backing of the government, I say to the Premier. That is where it is going

to be all important. We can make all kinds of promises, but if we do not put the bucks

behind it, it is no good. As I mentioned earlier, I say to the Premier, in St. John's I

believe we have sixty social workers working in child protection. The Minister of Justice

is looking at me. I am just totally amazed at that, I have to say, but we know the history

of certain institutions within this Province. Sixty social workers; maybe we need more.

AN HON. MEMBER: (Inaudible).

MR. J. BYRNE: Pardon?

AN HON. MEMBER: (Inaudible).

MR. J. BYRNE: Sixty social workers and they are stressed. Maybe

there should be 100. So I am saying to the Premier, if he puts in this legislation, when

it goes through the House, put the bucks with it and get the Minister of Finance and

Treasury Board to find the money for this piece of legislation.

Also with respect to the health care in this Province - and this is all

connected. If the Premier wants relevancy, I will keep it relevant. We have the Member for

Ferryland, the critic for health, on his feet in this House almost daily asking the

Minister of Health and Community Services about funding.

AN HON. MEMBER: (Inaudible).

MR. J. BYRNE: What are you saying?

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

MR. J. BYRNE: Let me tell you something. The best laid plans of

mice and men, I say to the member.

AN HON. MEMBER: (Inaudible).

MR. J. BYRNE: No, what?

AN HON. MEMBER: (Inaudible).

MR. J. BYRNE: It should be the best laid plans of the rat packers

and men. I will say one thing, Mr. Speaker, what went on here this morning in the House of

Assembly backfired on that crowd over there, I can guarantee that. It backfired, didn't

it? Yes, and talk about -

AN HON. MEMBER: Jack, answer the question.

MR. J. BYRNE: Look, I tell you now, when I finish that, that man

will be - he thinks I do not know it, see. I am not like certain other individuals who

come up for the bug. In salmon fishing, you see the orange bug going down the river, the

salmon comes up and turns on it and it is hooked. Well, buddy, I am not like that. There

are certain people over there who got hooked yesterday, big time, didn't they? It

backfired on them today.

MR. SPEAKER: Order, please!

MR. J. BYRNE: Anyway, Mr. Speaker, I have more important stuff to

talk about than the -

AN HON. MEMBER: (Inaudible).

MR. J. BYRNE: Anyway, Mr. Speaker -

MR. TULK: Jack.

MR. J. BYRNE: What?

MR. TULK: Did you read that book (inaudible).

MR. SPEAKER: Order, please!

MR. J. BYRNE: Listen here, boy. Do you know how many books I have

read in my life?

MR. TULK: Not very many.

MR. J. BYRNE: No, I do not suppose. I have read more books in my

life than how high you can count.

AN HON. MEMBER: (Inaudible).

MR. J. BYRNE: I read them, too, no doubt about that, when I was a

child. As a matter of fact, I read them. Pardon?

MS J.M. AYLWARD: (Inaudible).

MR. J. BYRNE: Yes it is, isn't it? At least I am being honest, I

say to the Minister of Health and Community Services.

AN HON. MEMBER: (Inaudible).

MR. J. BYRNE: Mr. Speaker, they are trying to get me off this now.

Again, I want to get back to with respect to the social workers in this

Province, the number.

AN HON. MEMBER: (Inaudible).

MR. J. BYRNE: What? Which book do you want to know? I have read

lots of books.

AN HON. MEMBER: (Inaudible).

MR. J. BYRNE: Can you count that high? That is good, you can count

up to seven.

MR. SPEAKER: Order, please!

MR. J. BYRNE: Anyway, Mr. Speaker, this legislation over the years,

the age group from sixteen years old to eighteen years old were dropped between the

cracks. We have known that for years.

AN HON. MEMBER: Not any more.

MR. J. BYRNE: That is the point I am making, not any more.

AN HON. MEMBER: Good job.

MR. J. BYRNE: A positive thing, there is no doubt about that. I

give credit where credit is due, but there are certain members on that side of the House

who certainly do not do it, I can guarantee you that.

AN HON. MEMBER: (Inaudible).

MR. J. BYRNE: Mr. Speaker, I do not know about this crowd. Just

look at the notes. I am just going to speak now.

AN HON. MEMBER: (Inaudible).

MR. J. BYRNE: I don't know, but there are going to be a few more

off the beaten track in the very near future, I can tell you that. There are a few more.

MR. TULK: I will get several copies for you.

MR. J. BYRNE: There have been two attempts.

MR. TULK: Two attempts at what?

MR. J. BYRNE: Figure it out now. I say to the former Government

House Leader, sit back and think about what I just said. There have been two attempts.

MR. SPEAKER: Order, please!

MR. J. BYRNE: What did you ask me?

AN HON. MEMBER: (Inaudible).

MR. J. BYRNE: No, he asked me to do something for him.

Anyway, Mr. Speaker, this piece of legislature, I have to say -

AN HON. MEMBER: (Inaudible).

MR. J. BYRNE: I had it here a minute again, Bill No. 37. I think it

is a good piece of legislation. It does not go enough. It definitely does not go far

enough. It should be appointing a child advocate. We have been preaching that here.

Another point with respect to children in the Province, that we

probably should be addressing while we are on our feet here, is this: the situation in

Davis Inlet over the past little while, over the past number of years actually. A few

years ago when we saw what happened there with the gas sniffing and so on, and there were

children taken out of the community and moved away and what have you, it was hard, no

doubt. What is going on today is hard.

When I look at the television and see those pictures of those children,

I think it is heart wrenching. Most people in this Province believe it is heart wrenching.

This legislation, hopefully, will be able to do something to address the concern in Davis

Inlet.

The announcement that we received the other day with respect to the

centre that is going to be constructed in Labrador, in Sheshatshiu - I think that is the

location - is something that we should be looking forward to. The federal government, of

course, is putting the bucks into that site. I believe it is for all Atlantic Canada, and

we have been fortunate to have that site constructed in Sheshatshiu, I say to the former

Government House Leader.

AN HON. MEMBER: (Inaudible).

MR. J. BYRNE: I only have three minutes left so I have to get on

with something here now.

As I said earlier, the Member for St. John's West, when she spoke to

this piece of legislature, made pretty well all of the points that we could possibly make

on this side of the House, but the former Government House Leader said we should sit down.

We oftentimes get up. We want to be on record, on this side of the House, of supporting

certain legislation or questioning certain legislation. This legislation, of course, we

support. I do not know if we would be making any changes or proposing any changes to this

legislation as time goes by. I say to the Member of St. John's West, will we be making any

changes, or proposing?

AN HON. MEMBER: Yes.

MR. J. BYRNE: I think, from what I can understand, and the feedback

I am getting, that we are proposing some changes to even strengthen this legislation, to

even make it more powerful to look after and take care of the interests of the children of

the Province of Newfoundland and Labrador.

AN HON. MEMBER: (Inaudible).

MR. J. BYRNE: Right to the bowels of her, yes.

Mr. Speaker, just before I sit down, I want to address this, and it is

important, this time last year we were sitting all night in the House of Assembly, right

through the night. I think we sat for thirty-six hours one time, non-stop.

AN HON. MEMBER: Thirty-eight.

MR. J. BYRNE: Thirty-eight hours, non-stop, and this side of the

House carried it. When I said that the other day - we left here one morning at 3:00 or

4:00 in the morning and went outside. It was -

AN HON. MEMBER: (Inaudible).

MR. J. BYRNE: Pardon? What did the Minister of Health and Community

Services say? I would like to hear the Minister of Health and Community Services.

MR. SPEAKER: Order, please!

The hon. member's time is up.

AN HON. MEMBER: (Inaudible).

MR. J. BYRNE: Is that what she said?

MR. SPEAKER: Order, please!

The hon. member's time is up.

MR. J. BYRNE: By leave, Mr. Speaker, just to clue up.

MR. SPEAKER: Order, please!

Does the member have leave?

AN HON. MEMBER: By leave!

MR. SPEAKER: By leave.

MR. J. BYRNE: I will just have leave for one point. I want to hear

the comment the Minister of Health and Community Services made because she is so witty all

of the time, I would say Mr. Speaker. She tries to be so witty. Like a block of wood.

(Inaudible).

AN HON. MEMBER: (Inaudible).

MR. SPEAKER: Order, please!

MR. J. BYRNE: Mr. Speaker, with respect to this piece of

legislation, we will be supporting it. There is no doubt in my mind. The Member for St.

John's West made a good presentation when she responded to this piece of legislation. We

will probably be making some proposed changes in the legislation to strengthen the

legislation. When I spoke earlier I talked about a child advocate, and I personally think

it is a good idea. In the meantime -

AN HON. MEMBER: (Inaudible).

MR. J. BYRNE: I have to keep her going, Mr. Speaker. Anyway, when I

look at -

SOME HON. MEMBERS: (Inaudible).

MR. SPEAKER: Order, please!

Leave has been withdrawn.

The hon. the Member for St. John's South.

SOME HON. MEMBERS: (Inaudible).

MR. SPEAKER: Order, please!

I have only recognized the Member for St. John's South.

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

I just have a few comments on this, and very quickly. It is good

legislation so I anticipate the members on this side of the House will be voting in favour

of it.

In order to implement this legislation government are going to have to

look at putting some more funding into it and, as well, more social workers. Without the

money to implement the areas of the legislation that are good and are needed it will not

be able to be implemented properly. We are definitely going to have to look at putting a

few more dollars into this so that we make sure we implement the areas of the legislation

that are good and to benefit the social workers as well.

As we know, social workers are very seriously overworked, they are

stressed, they have a very high workload and a high demand. Without the extra money and

extra social workers to implement this legislation then the legislation is probably not

going to serve its purpose.

Also, with this legislation government neglected to put in place a

child advocate. That is something our Party has been advocating for quite some time now.

We have to put a child advocate in place to protect the children and the parents, and to

help the social workers who find flaws within the system so that they have somebody to

turn to. We have seen that. We have seen direct consequences here of removing the advocate

on behalf of the public, the ombudsman, when the Liberal administration removed the

ombudsman, just as an example.

People who found they were not getting the headway they wanted with

departments or with ministers at least had an ombudsman to turn to. By removing the

ombudsman they have to rely on the system, rely on - I am getting some notes here that I

am being told I should read word for word. They have to be good notes. We have to look at

putting in place a child advocate and perhaps replacing the ombudsman. Without an

ombudsman, or without a child advocate, then children who have a problem and are perhaps

old enough to at least speak on their own behalf, who feel they are being treated unfairly

or unjustly, parents who have concerns about their children or about the system, and

social workers who find flaws within the system, have nowhere really to send their

complaints.

The Opposition can listen to those complaints and we can advocate on

their behalf, both in the House and through the ministers, but a lot of times we all know

that the ministers brush off questions in the House. They don't supply proper answers,

they don't give the information we are looking for. If we write a letter sometimes we are

waiting thirty days, sixty days, ninety days, before a response. At least if there was

child advocate there, a child advocate could lobby on behalf of the child, the parents,

and social workers who find flaws within the system. The ministers and the department

officials would have to respond to the child advocate or otherwise, I guess, face certain

prosecution.

The other thing we find important here would be keeping the child with

immediate relatives. In order to do that we are certainly going to require some extra

funding, especially for families with low incomes and so on, to give them the resources

they require in order to keep the children with the family.

As I said, this is a good legislation. There are some flaws with the

legislation. There are some areas we would like to see better action on or closer

attention paid to. Overall we feel the legislation is very good. Cabinet will appoint the

provincial director. Clearly accountability is confused and defused with that. There is

the appointment by the minister or the ministerial advisory committee. We see these as

areas of concern. Secondly, the committee is not granted any power by any authority to

review documents or reports.

We have to make sure that - have included the appointment of a child

advocate, again, as I have said, so that accountability is first and foremost within the

department, accountability is first and foremost with the families and with children. What

we are looking at here is the importance of family relationships, the importance of

stability for the child, the importance of making sure that the child has somebody to turn

to and has a solid foundation, so that we are not overlooking the most important reason

why perhaps this legislation is put in place, and that is the protection of child and

family.

It was determined by the Select Committee that definitely a case

advocate could be avoided and that the duties the case advocate would fulfil are now

addressed by the MHA. Again, many times asking questions in the House, the Opposition's

questions are skirted, sometimes not answered. Without a child advocate in place the

children are the ones that are going to suffer. There is absolutely no question about

that.

A systems advocate would like at all the things that were happening not

only within the government system, but also things that were happening outside, things

that are happening out in the community, out in the world, things that would directly have

an adverse affect on children. In today's society children are perhaps more stressed.

There are more factors that would create stress on and adversity for children than have

ever been there before. In a society that one would generally think would have more to

offer children, there comes with it, as well as the advantages and high technology, peer

pressure and substance abuse and so on. Along with the advantages of a modern society come

some adverse effects, that if children are left to fend for themselves or put into a

system where they have nobody to advocate on their behalf, surely the children are the

ones to lose. We cannot allow this to happen.

The Select Committee on Children's Interests heard the majority of

presentations at the public consultations. The majority of the presentations expressed the

necessity for a child's advocate, not that it would be nice but that it is absolutely

necessary. Once again, a child advocate who would enjoy the same pleasures as does the

Auditor General. That particular clause is tailored to the child advocate. A child

advocate would, in fact, have wide-ranging authority and ability to protect the family and

protect the children.

Mr. Speaker, the committee also recommends that the advocate report to

the Legislature as opposed to Cabinet, and that the reporting would be similar to that of

the Auditor General. The advocate would be empowered to review and comment on the

operations, programs and mandate of all provincial government departments and agencies.

This would give tremendous authority not just to Cabinet, not just to legislators, not

just to high-ranking officials within the department, but to a person who is there,

designed and ready to speak out and on behalf of children who oftentimes do not have the

ability to speak out on their own or on behalf of themselves.

The problem is not with finances, but the advocate would focus on the

shortcomings of government. They would be somebody independent who could look at

everything that this government is doing or not doing that adversely affects children.

We heard the minister refer to the input of social workers. It was just

a little while ago, actually, that there was a demonstration of social workers, and that

demonstration was to protest the heavy caseloads that social workers now have to endure.

They are unable to give adequate attention to their caseloads because of the tremendous

number of caseloads and the shortage of social workers. We all know that with a high

caseload the social workers are often deterred, often swayed from the pointed and

well-decided decisions, well-thought decisions that they could make on behalf of family

and children. Because of a tremendous caseload and overbearing caseload, oftentimes,

through no fault of the social worker, cases are somewhat overlooked because of the

tremendous amount of work social workers have to look after in a working day.

Oftentimes I have heard of social workers taking home with them files,

because of their personal concern, because of their dedication to their clients, but if we

continue to overload the caseworkers and the social workers then as things get out of

hand, as they start to lose full control over each and every case, it is the families, it

is the children, and it is the clients of social workers, of social services, who are the

ones who suffer.

In fact, if the Child, Youth and Family Services Act is to fulfil what

it is meant to fulfil, then we certainly need additional resources; resources in the form

of more money into programming and resources in the form of more social workers to fulfil

the programs. At the present time there is really no avenue for social workers in the

child welfare system to voice any grievances about matters of policy within their

department. There have been numerous studies done and still within the social workers

there is an atmosphere of fear that if they speak up against policy there will be certain

ramifications back onto the social workers.

A child advocate would be a perfect vehicle for social workers to bring

any failures or shortcomings in the policy to the attention of a person who would actually

be able to implement unto the department and the bureaucrats within the department

something about it without fear of reprisal to the social workers. The social workers then

would have an avenue where they would not be penalized for speaking out,

whereas right now

if they to speak out, it is them personally that speak out, it is them raising the

concern. If it is raised through the child advocate where they could be protected, it is

the child advocate that is raising the concerns and there would be not punishment so to

speak of the social workers for speaking out.

The Child Welfare Act will not really be worth the paper it is written

on if government does not address the issue of providing enough resources to implement the

policies.

The minister refers to voluntary agreements where parents can in fact

offer that their children be placed in care without having to admit that they have done

something wrong. There are problems with that as well. Parents have come forward to seek

help, something that in the past there were afraid to do. On the other hand, perhaps there

are good things as well because in many cases we see parents in our Province who are in

stress and sometimes, though no fault of their own, cannot properly address and supply the

proper necessities to their children.

Another recommendation from the Report of the Select Committee On

Children's Interest was recommendation No. 21. The committee recommends that the

establishment of a 1-800 crisis or warming line for parents. This number would be designed

to respond to parents who have questions or who themselves are in crisis, or feel their

family or children are in crisis. Many times in rural areas of the Province we find there

is on access to social workers or to professionals, and the parents know that they have a

problem and have nowhere to take that problem or address it because there is nobody within

their immediate area.

If the 1-800 line was established then help would be as close as their

nearest telephone. The 1-800 line that was recommended by the Select Committee on

Children's Interests would actually be something that would eliminate some of this crisis.

It is something that is probably fairly easy to set up, fairly low cost, and would be of

tremendous benefit to families who are in crisis in areas where they do not have direct

access to a social worker or other professional help.

Mr. Speaker, poverty and child welfare go hand in hand. A social

assistance policy that would allow parents to adequately feed and clothe their children,

one that would see their financial assistance officers not referring to food banks, would

have far-reaching positive affects in reducing the stress that prevents adequate parenting

in today's society.

The Child Welfare Act also says, in the best interest of the child,

that he or she be kept with the family. If they cannot be kept with the parents, that they

be kept with a member of the immediate family or some distant relative.

Perhaps that is something that we as members of the House should look

more closely at as opposed to just placing children with an unknown family in unknown

circumstances and without any prejudice to foster families at all; because I know a number

of foster families, very reputable people, who do a tremendous job with the children. It

would no doubt be in the best interest of the children if they were placed with somebody

that they knew.

Mr. Speaker, while we on this side of the House feel that this is very

important, we find mocks and yawns and inadequate remarks to what we are saying here. It

is quite evident that not every member of this House of Assembly takes the child advocate

or the best interests of the children at hand, and I am rather appalled at the Minister of

Justice who should have a very direct interest in children and the children's interests,

to take a direct interest in this issue. Yet, the Minister of Justice and the Minister of

Fisheries and Aquaculture persist in mocking what is being said here in the House. That is

rather unfortunate when we are considering the best interests of the children. That is the

issue at hand.

We have to take a long, hard look at the particular

section of the act

and make sure that we have provisions there so that the children can in fact remain in

places with families where they are loved, where they are known, and where they feel

comfortable.

I would like to address the act as it pertains to the youth. A child is

a person up to sixteen years of age, and a youth is a person between sixteen and eighteen;

that is sixteen and seventeen years old.

Part II of the act applies to youth as well as to

the child; however, there is no duty by the public to report incidents of neglect or abuse

where a youth is concerned.

We can say that in many cases a youth of sixteen or seventeen years of

age is quite capable of going and reporting on their own behalf, but a lot of times a

person of sixteen or seventeen years of age faces fear: fear of personal embarrassment,

fear of what will happen if they seek help from professionals or authority. They are

wandering and sometimes afraid and uncertain of the unknown and what may happen to them if

they were to step forward and say that they are in trouble for one reason or another.

In many cases, in fact, the youth between sixteen and seventeen - other

people are well, but in particular sixteen and seventeen years of age - oftentimes have

nowhere to turn. We have to make sure that those

Document details

CollectionNewfoundland and Labrador — Debates (Hansard)
Citation1998-12-04
Typehansard
Volume / chapter1998-12-04
Languageen
Formathtm
SourcePROVINCIAL
Identifierad15539c2bb1855c6211c5644b99583996a84c11

Source file is stored in the law ingest library (htm).