November

27, 2008

HOUSE OF ASSEMBLY PROCEEDINGS

Vol. XLVI No. 41

The House met at 1:30 p.m.

MR. SPEAKER (Fitzgerald): Order, please!

Admit strangers.

Statements by Members

MR. SPEAKER: The following members' statements will be heard in the

following order today: the hon. the Member for the District of Burgeo &

LaPoile; the hon. the Member for the District of Baie Verte-Springdale; the hon.

the Member for the District of Port de Grave; the hon. the Member for the

District of Bay of Islands; the hon. the Member for the District of Cartwright-L'Anse

au Clair; and, the hon. the Member for the District of Grand Bank.

The hon. the Member for the District of Burgeo & LaPoile.

MR. KELVIN PARSONS: Thank you, Mr. Speaker.

I rise today to recognize and congratulate Corporal Michael Durnford of Rose

Blanche-Harbour LeCou on his service to our country and his safe return from

Afghanistan.

Corporal Durnford is a member of the Military Police with the Canadian Armed

Forces, and he recently returned from a successful tour of duty in Afghanistan.

Michael's mission in Afghanistan involved training members of the Afghan

police force in modern and ethical police methods. Michael was stationed in

Afghanistan for seven months.

Corporal Durnford is the son of Calvin and June Durnford of Rose

Blanche-Harbour LeCou and he is married to the former Karen Chislett, also of

Rose Blanche-Harbour LeCou. Michael and Karen are currently residing in Shilo,

Manitoba, and are expecting their first child.

I was proud to attend an open house and dinner at Rose Blanche-Harbour LeCou

on November 14 in honour of Michael's tour of duty. There was a huge turnout,

and the support from the residents for one of their own was overwhelming.

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

thanks to Corporal Michael Durnford on his service to our country. All the best

to Corporal Michael Durnford and his family.

Thank you.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of Baie

Verte-Springdale.

SOME HON. MEMBERS: Hear, hear!

MR. POLLARD: Thank you, Mr. Speaker.

I rise in this hon. House today to congratulate a business that reached a

major milestone in its history.

Honourable colleagues, this year 2008 marks the one hundredth year of

successful business for George Warr Ltd. of Springdale. In addition, it marks

the induction of its founders, George and Mary Warr, into the Junior Achievement

Business Hall of Fame.

In 1908 George Warr Ltd. opened a small general store at Pilley's Island

which was relocated to Springdale, where the family became involved in the

lumber and pulpwood industry, employing up to 300 workers.

Over the 100 year span, the company has operated and managed diverse

enterprises, which included not only retail and lumber operations but also a

supermarket and dry goods store, freight and mail service, hardware and building

supply stores, and most recently, senior cottages.

To sustain a family business for 100 years is no small feat. To be inducted

into the Junior Achievement Business Hall of Fame is no small feat.

Honourable colleagues, please join me in saluting George Warr Ltd. as the

family celebrates an extraordinary achievement for an extraordinary business.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

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

MR. BUTLER: Mr. Speaker, Captain Harold Stokes of Bareneed and four of

his crew members were honoured during the St. John Ambulance investiture

ceremony at the Anglican Cathedral in St. John's on September 30.

The Gold Life Saving Awards were presented to Captain Stokes, Darryl Reid,

Rickey Mercer, Karl Avery and Owen Power by the Lieutenant-Governor, Mr. John

Crosbie.

We all remember how the crew members of the Nautical Legacy abandoned

ship and leapt into the cold Atlantic waters. They were honoured for saving the

life of Michael Petten by surrounding him and working tirelessly in keeping him

warm and staving off hypothermia as they bobbed in the cold Atlantic waters.

Captain Stokes said it was an honour to receive this award, but the greatest

award was knowing that all the boys came home safe.

I ask all hon. members to join me in congratulating Captain Stokes and the

crew in receiving the Gold Life Saving Award.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of Cartwright-L'Anse

au Clair.

MS JONES: Mr. Speaker, I rise today to commemorate the National Historic

Site of Battle Harbour on its official opening of their Labrador Fisheries

Exhibit.

Mr. Speaker, often referred to as the unofficial capital of Labrador, Battle

Harbour became a thriving fishing village in the 1770s when mercantile salt fish

premises were established in the area. The community grew both in position and

significance through the eighteenth, nineteenth and twentieth centuries. Through

the efforts of the Battle Harbour Historic Trust, we now have a living tribute

to the way of life of Labradorians during that time.

Mr. Speaker, the historical preservation of Battle Harbour continues with the

opening of the Labrador Fishery Exhibit which was done by the hon. John Crosbie,

the Lieutenant Governor of Newfoundland and Labrador this past summer. The

Labrador fishery is one of the most significant migratory fisheries to ever

occur in the western world and extended from L'Anse au Clair to Ramah Bay when

at its peak. The exhibit is housed in the Flour Store on the Battle Harbour

waterfront and presents an overview of the floater, stationer and livyer

fisheries in our Province. This exhibit enhances the historical significance of

Battle Harbour and adds to the unique appeal of this quaint fishing village.

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

the addition of the Labrador Fishery Exhibit to our Province. It now joins the

Newfoundland fishery exhibit which is housed in Bonavista. It is no coincidence

that the Labrador exhibit is housed in Battle Harbour, a place that has provided

a vital link to our past and in many ways defines who we are as a people in this

Province.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

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

SOME HON. MEMBERS: Hear, hear!

MR. LODER: Thank you, Mr. Speaker.

Mr. Speaker, I rise in this great House today to recognize a remarkable young

man by the name of Liam Loder, a resident of Summerside.

Mr. Speaker, on May 21, 2008, in the middle of the night, eight-year-old Liam

woke up and heard a popping sound. He went to the bathroom and discovered a

fire.

He immediately rushed and awakened his parents, and his dad, Lionel, put the

fire out.

Mr. Speaker, by this young man's action a major tragedy was avoided. For

his bravery, Liam was recognized by the fire and emergency services during a

ceremony at his school, Templeton Academy, and was presented with a bravery

award, an honour reserved for individuals who exhibit bravery or who saved

someone's life.

Mr. Speaker, I ask all hon. members here today to show their appreciation to

this young man for the life-saving action taken.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

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

MR. KING: Thank you, Mr. Speaker.

I rise today to recognize a young man from my district, Corporal Scott King,

from Lamaline.

Recently, I had the pleasure to join Scott's mom Madonna, Legion members,

and a large number of Scott's family and friends in welcoming Corporal King

home from a seven-month tour in Afghanistan, where he proudly represented his

hometown of Lamaline, his Province of Newfoundland and Labrador, and his

country.

Mr. Speaker, it was a great feeling to participate in the parade and

ceremony, as everyone who participated was very proud and honoured to once again

see Corporal King home safely.

Corporal King is to be commended for his bravery and for giving us at home a

safe and protected society. Through his efforts, we are all able to enjoy

freedom daily and participate in democracy.

This is a significant event for us and I want to congratulate Corporal King

on playing such a vital role on the world stage.

Corporal King is the son of proud parents, Don and Madonna King.

Mr. Speaker, I ask all members of the House to join me in welcoming Corporal

King home.

Thank you.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Statements by Ministers.

Statements by Ministers

MR. SPEAKER: The hon. the Minister of Education and Government House

Leader.

SOME HON. MEMBERS: Hear, hear!

MS BURKE: Mr. Speaker, on October 21, Oscar the Grouch, the world's

most favourite curmudgeon, joined a host of other Canadian celebrities to

officially launch One Million Acts of Green.

Spearheaded by the popular talk show, The Hour , this initiative is

about encouraging each individual in the country to perform one act of green.

The goal is to change how we live and how we treat our planet, one act at a

time. It is about planting a tree, using recycled paper, or carpooling.

Mr. Speaker, we know our students and teachers are incredibly imaginative

when it comes to projects that help our environment. There are many initiatives

already underway throughout the Province. We have schools that are composting

and cleaning up our beaches. Others take care of salmon eggs for eventual

release into the wild. Some schools in the Province have started recycling

businesses called: Think Green, a program designed by Memorial University's

award-winning SIFE team.

Examples can be found at almost every turn. One of our high schools competed

in an envirothon in the U.S. last year. In the nation-wide Phones for Food High

School Challenge, St. John's collected more cell phones than the City of

Toronto. An elementary school on the West Coast initiated a non-idling program

at their school. These are just a few examples of the great things our students

and teachers are doing to support the environment.

One Million Acts of Green is an excellent vehicle to acknowledge the

wonderful acts already happening in schools across the Province and there are

schools that have already taken up the challenge. I would love to list them all,

but as one example, cole Boral in Happy Valley-Goose Bay has begun

distributing recycling bins.

To date, Mr. Speaker, more than 400,000 acts of green have been recorded

across the country. People are picking up garbage, biking to work or school, and

using refillable drinking cups. I know we can see this number grow through the

many activities already taking place in our schools on a daily basis. I know our

students will come up with some great ideas to inspire real change in a

practical way.

I encourage all schools to get involved in this project. It is a great

opportunity to inspire our students to be creative, to work together as a team,

and to demonstrate to the rest of the country the leadership, commitment and

knowledge of students across Newfoundland and Labrador.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

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

MR. BUTLER: Thank you, Mr. Speaker.

I want to thank the minister for an advanced copy of her statement, and to

say there is no greater pleasure than to join with Oscar the Grouch and all the

other celebrities throughout this country today in launching this wonderful

program.

I want to congratulate all those events that the minister has mentioned

throughout our Province. I do not have to go far to think back to my own

district, to the wonderful programs that are being done by the schools, whether

it is recycling, composting, cleaning up the beaches, and also, Mr. Speaker,

carpooling. I have been working with the Department of Transportation, trying to

get a particular lot extended where 100 cars now park for carpooling in the

Province.

Mr. Speaker, I have to say, sometimes I think probably it is not Oscar the

Grouch but the grinches here in this Province, because we know MMSB has so many

million dollars, Mr. Speaker

SOME HON. MEMBERS: Oh, oh!

MR. BUTLER: MMSB has so many million dollars that could be put to

wonderful use. Only recently, we saw two schools that were rejected for

wonderful programs that they wanted to do. One was composting and recycling, and

the other one was to eliminate the plastic cups in their school with dishes.

So, Mr. Speaker, I encourage all the schools to continue with what they are

doing and hopefully government will encourage MMSB to work along with the

various students and schools in this Province so that this wonderful program can

be extended.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

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

Vidi.

MS MICHAEL: Thank you very much, Mr. Speaker.

I thank the minister for the advanced copy of the statement. Of course, I,

too, am very pleased with the initiatives that have been outlined by the

minister as part of the activities that are going on across the country and

across our Province today. These initiatives are essential and very important as

we try to change the mentality of our young people so that they will become

people who will be caring about the greening of our environment. All of these

initiatives are very, very important, but we do need more action on a government

level. By that I mean both municipal and provincial, working together with

regard to waste management. It is not enough for individuals to do what they are

doing. They also have to have the support of government for the larger picture

that they cannot take care of.

My colleague just mentioned the MMSB and the almost $12 million that they are

sitting on because of the money they have collected from recyclable bottles;

$11.6 million. We have just had the City of St. John's say they have to put

off their recycling program, and that is unacceptable, so I ask this government

to look at its responsibility to work with municipal governments to get

recycling happening around this Province immediately, not in two or three years'

time.

MR. SPEAKER: Further statements by ministers.

The hon. the Minister of Health and Community Services.

SOME HON. MEMBERS: Hear, hear!

MR. WISEMAN: Thank you, Mr. Speaker.

I rise in this House today to inform the people of Newfoundland and Labrador

of our recent success in recruiting physicians to work in our Province.

I am pleased to say that in a six-month period from March 31 to September 30

we had a net gain of forty physicians spread across various areas of our

Province.

SOME HON. MEMBERS: Hear, hear!

MR. WISEMAN: Mr. Speaker, as of September 30 there were 1,029 physicians

in active practice in Newfoundland and Labrador - the most in our Province's

history.

Mr. Speaker, this success can be attributed to a combination of factors,

including the $7 million investment we made this year in physician recruitment,

the diligent work of our Provincial Physician Recruitment Office, and the

excellent work of Memorial University's Faculty of Medicine in helping us

retain medical graduates.

Of these forty new positions, seventeen are recent graduates of Memorial's

Family Medicine Program. A good portion of these physicians are practicing in

rural Newfoundland areas, such as Happy Valley-Goose Bay, Baie Verte, Port aux

Basques and Bonne Bay. This news means greatly enhanced services and access to

physician care for thousands of Newfoundlanders and Labradorians.

Almost all of the seventeen family medicine physicians who graduated from

Memorial received family practice bursaries, which see the physician receiving

$25,000 per year of return in service. The bursaries awarded to this group will

result in thirty-one years of family practice service for this Province.

I am also pleased to announce today that we have approved all sixty-three

eligible applicants for the three medical bursary programs for this fiscal year,

and twenty-eight of these physicians will start practice in our Province early

in this summer coming.

Our government understands the tremendous value in training more of our

people to build our physician workforce. We know that over 80 per cent of

Memorial medical graduates who we recruit will stay in the Province for at least

five years.

It is with these key facts in mind that we are committed to the expansion of

Memorial University's Faculty of Medicine with an investment of some $15

million in capital. We have also committed some $11.75 million in new annual

operating funds to increase the number of spaces for Newfoundland and Labrador

medical students by 10 per cent in the coming year and 30 per cent over the next

five years.

This commitment, Mr. Speaker, will help influence our continued success in

recruiting Newfoundland and Labrador medical school graduates who choose to live

and practice right here in the communities throughout Newfoundland and Labrador.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker, and I thank the minister for an advance

copy of his statement.

Physician services in this Province are always, I guess, debated region by

region. There never seem to be enough to go around to meet the demands in our

system. We are always pleased when we hear of some new people being recruited

into our Province, and we know that those efforts are sometimes much more

difficult than others; but, Mr. Speaker, the reality is that we are still short

about 125 family physicians in this Province.

There are still areas in Newfoundland and Labrador where there are

significant gaps that are not being met. I refer to places like Gander, where

only a short few months ago there were thousands of patients on a wait-list in

that area who did not have a family physician. Maybe we need to get an update on

where that situation is today.

Mr. Speaker, you look at places like Labrador West. For the last two years in

Labrador West they have been advocating for more physician services a

community whose population is growing, whose industry is expanding, but its

health care is remaining stagnant. I am sure, Mr. Speaker, the minister will be

familiar with Labrador West. It is the same town that they went into, in the

middle of an election, and dug a hole in the ground for a new hospital, spent a

million dollars, and walked away from it for over a year without even addressing

the need of the people in that region.

So, there are still some very significant needs when it comes to physician

services in this Province, Mr. Speaker, and we know that co-operation with the

Newfoundland and Labrador Medical Association will help improve that. Instead,

the government has had a position of conflict with that organization. They have

been out there, Mr. Speaker, making comments in the media, degrading the staff

and the people who work within that organization, instead of sitting down with

them and trying to work towards a blueprint and trying to work towards a

physician resources plan for this Province, in co-operation -

MR. SPEAKER: Order, please!

MS JONES: with those who are in the Medical Association.

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

Vidi.

MS MICHAEL: Thank you very much, Mr. Speaker.

I, too, thank the minister for the copy of his statement, the advance copy.

It is good news that the numbers are increasing, and I am really glad that

the recruitment programs are showing success. I think this is one of the areas

where the minister can be very proud, because the recruitment is working; but,

as he has indicated in his statement, retention is also part of the issue, so I

think we have to make sure that effort is put into assuring and ensuring that

the quality of life for the physicians, and the pay that they are getting, that

they are satisfied enough that they are going to stay on.

I notice that we have a good number who stay five years, but I think after

five years we get a real drop-off. We have to stop that loss of physicians that

is still going on. We have to do that as well for nurses and for other

professionals, health professionals in this Province. So this government does

have to look at the retention issues and treating all of these people equitably

when it comes to their pay so that they are not tempted to leave the Province

after four, five or six years.

Thank you very much.

MR. SPEAKER: Further statements by ministers?

Oral Questions.

Oral Questions

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

MS JONES: Thank you, Mr. Speaker.

Mr. Speaker, yesterday we raised the issue of poor air quality at the Seal

Cove Campus of the College of the North Atlantic. Media reports have indicated

that yesterday's closure was the result of two trucks that were idling outside

the building. However, this does not explain the complaints that we received on

Monday and the other problems that were experienced prior to that.

I ask the minister: Has your department determined the scope of the problem,

and have you had a chance to review the quality air inspections that were

completed on the facility, and are you ready to table them at this stage?

MR. SPEAKER: The hon. the Minister of Transportation and Works.

SOME HON. MEMBERS: Hear, hear!

MR. TAYLOR: Thank you, Mr. Speaker.

Mr. Speaker, back in 2007-2008, there was some fairly extensive work done on

the building at Seal Cove. There was approximately $800,000 worth of work done

on the roof and some interior work done on the building.

Early in 2008, the College of the North Atlantic took it upon themselves to

do some air quality testing, and testing for mould within the building. The

results of that determined that the air quality in the building, from spores in

the air perspective, was better than it was outside of the building. The people

who did the work determined that there was no issue with air quality at the

building. There were two sites where mould was identified and remediation was

recommended.

Over the course of the past number of months the Department of Transportation

and Works, in consultation with the college, have done the necessary remediation

and removed those places where mould was present, from a surface perspective.

The building assessment that was done yesterday determined that there was no

problem with the boilers. There does not appear to be an air quality problem

with the testing that was done from Occupational Health and Safety.

As the member said, the fumes appear to have come from two delivery trucks

that were diesel operated parked near the air intake on the

MR. SPEAKER: I ask the hon. minister to conclude his answer.

MR. TAYLOR: Yes, Mr. Speaker.

The air quality issues yesterday, the fumes were from two diesel operated

trucks that were parked near the air intake for the ventilation system of the

building, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Mr. Speaker, we were also advised that those trucks only

arrived at that campus at 8:30 yesterday morning and stayed for a short period

of time.

I guess my question would be, in light of that, were there any other problems

that were found there with regard to where the fumes would have come from? I ask

the minister, if there are any carbon monoxide detectors in that building that

would have picked up that there was a problem?

MR. SPEAKER: The hon. the Minister of Transportation and Works.

SOME HON. MEMBERS: Hear, hear!

MR. TAYLOR: Mr. Speaker, no matter how many times the member asks the

question, I can only tell her and others the results of the work that was done.

The results have shown that there does not appear to be any air quality issues

at the College of the North Atlantic Campus in Seal Cove. The issues around

surface mould that were identified last winter have been remediated.

As for the length of time that the trucks were parked outside the door, Mr.

Speaker, you know, I guess in some respects it is irrelevant how long they were

there. The people who did the work on the building yesterday, who inspected the

building yesterday, determined that in their best estimate the fumes that were

present in the building did not come from the new boilers that were installed,

they came from the exhaust fumes from the idling of those trucks that were

parked in the vicinity of the air intake for the building, and that is all I can

tell them. As for any other issues and why people are complaining, Mr. Speaker,

I can only tell you what the results of the work have shown.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Mr. Speaker, last night I was advised that government had sent

officials out to the Seal Cove Campus to do air quality inspections.

I ask the minister: What was the scope of that inspection, and can he provide

the results of it to us?

MR. SPEAKER: The hon. the Minister of Transportation and Works.

SOME HON. MEMBERS: Hear, hear!

MR. TAYLOR: Mr. Speaker, it is obvious that the member needs to move to

her next set of questions because that is the same question she asked now for

three times, and the same answer.

The Occupational, Health and Safety people went out there yesterday, they did

their testing. She did ask previously if there were any carbon monoxide monitors

in the building, that I am not able to tell her right now but I will endeavour

to find out after Question Period and report back to the House in as quick a

fashion as I can.

As for the scope of the air quality testing, I would imagine, Mr. Speaker,

that it is the same as we would do whenever we are made aware of air quality

problems in a building, that if there is a presence, or appears to be the

presence of fumes, petroleum fumes or otherwise, Mr. Speaker, but again, I will

endeavour to find out exactly the scope of the testing that was done out there

yesterday and report that back to the House in as timely a fashion as I can.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

That is what we wanted, a copy of those reports and those air quality

inspections that were done.

My next question for the minister - he talks about the air quality assessment

that CONA did themselves, at the campus - I just want to clarify: Is it the

obligation on the college campuses to do those inspections, or is it part of the

regulatory regime of government through Works, Services and Transportation under

Occupational Health and Safety?

MR. SPEAKER: The hon. the Minister of Transportation and Works.

SOME HON. MEMBERS: Hear, hear!

MR. TAYLOR: Thank you, Mr. Speaker.

Mr. Speaker, as most people would know, and I assume the member knows, the

Department of Transportation and Works is basically the landlord of the

building. Our department is responsible for the building envelope, for the

management of the building and what have you. Now, if the College of the North

Atlantic want to take it upon themselves, we do regular testing as is required

or deemed to be required by our staff in our various facilities. If they

identify a problem or believe there is a problem then certainly they have the

ability and the right and the responsibility to go through the proper channels

within the department to get whatever testing they believe is appropriate, work

with the Occupational Health and Safety people. As the Minister of Education

said yesterday, whenever we become aware of a problem we try, to the extent that

we can, to deal with it in as timely a fashion as possible.

Having said that, in this case the College of the North Atlantic decided that

they wanted to do air quality testing and wanted to do an inspection for mould

in the building. They contracted an outside firm to come in and do that work,

Mr. Speaker, and they provided us with the results of that work and we did the

necessary remediation.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Mr. Speaker, if the College of the North Atlantic did their own

inspections based on complaints, as I heard, from students and staff out there -

was what prompted them to do it - when Works and Transportation did the

inspection, why didn't they pick up that there was mould in this campus, or

did they not do any inspections at all?

MR. SPEAKER: The hon. the Minister of Transportation and Works.

SOME HON. MEMBERS: Hear, hear!

MR. TAYLOR: Thank you, Mr. Speaker.

Mr. Speaker, first of all, as I said, when the group that were contracted by

the college did their work, they did not find any problem. There was no

appearance of airborne spores in the building, in excess of what you would find

in the normal atmosphere outside of the building. As a matter of fact, the air

quality in the building was superior to the air quality outside the building.

Mr. Speaker, you cannot improve much on what Mother Nature gives us. So, Mr.

Speaker, that was that part of it.

As for the surface mould that was identified, there were two small pieces of

surface mould, in my understanding, in proximity to a couple of the windows.

This building is in excess of fifty years old. That is not uncommon, Mr.

Speaker. My understanding is that the report indicated that there were no

problems with this, but that Level I remediation should be done in any event;

and that, Mr. Speaker, was done.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Mr. Speaker, we have also been advised that the Department of

Transportation and Works is completing structural inspections on the Seal Cove

facility as well.

I ask the minister: When were these inspections done? What was the scope of

the inspections, and can you table the results of those?

MR. SPEAKER: The hon. the Minister of Transportation and Works.

SOME HON. MEMBERS: Hear, hear!

MR. TAYLOR: Thank you, Mr. Speaker.

Mr. Speaker, the department does regular inspections on building envelopes.

The member is right; as part of the work that was completed by the college last

winter, we were advised that a building envelope assessment should be completed.

That work has been undertaken. It is not completed yet, Mr. Speaker. I expect

that some time over the course of the next couple of months we will have a

report on that, a draft report or a final report. Once we have that, we will

have an understanding of what the condition of the building is.

As I said, we spent $800,000, approximately well, $795,000 - on that

building last year. My understanding is, over the course of the past couple of

years, we have spent in excess of $1 million on this facility, in upgrading it

and retrofitting.

Mr. Speaker, if problems are identified - this building is in excess of fifty

years old, as I said previously, we would expect that there would be some

problems - to the extent that we can, within our fiscal capacity, we will move

to try and address those issues, as we do in all other buildings, within reason.

Thank you.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Order, please!

The hon. the Leader of the Opposition.

MS JONES: Mr. Speaker, in September, both Frank Roberts Junior High and

St. George's Elementary in Conception Bay South closed due to mould and air

quality issues. This seems to be an annual occurrence with schools in our

Province; yet, government is unwilling to conduct mandatory air quality

inspections.

I ask the minister: Why is government so adamant against conducting mandatory

air quality inspections in the schools in the Province?

MR. SPEAKER: The hon. the Minister of Education and Government House

Leader.

SOME HON. MEMBERS: Hear, hear!

MS BURKE: Mr. Speaker, we are working diligently to deal with air quality

issues in our schools. One thing I would like to note is that in St. George's

Elementary we did have an air quality test done that showed us that there was

poor air quality in just one classroom of that school. We felt that an air

quality test was not sufficient to give us the information we need to truly look

at that school and determine the scope of work that was needed. So, in addition

to the air quality testing, we also had an enhanced inspection done of that

school which led us to see that the problems were far more than what we would

have picked up strictly from the air quality test.

Mr. Speaker, it is not that we are against mandatory air quality testing. We

feel that is just one tool that we can use, when we need it, which is an air

quality test, but we feel sometimes the more intrusive tests, like the enhanced

inspections, are needed and give us better results.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Mr. Speaker, this year we had two schools in Conception Bay

South that ended up closing. Last year in it was a school in La Scie. The year

before that it was schools in Corner Brook and Upper Island Cove. It is obvious,

Minister, that the current process is not working, whether it is a tool there

that you can use when you feel like it or not.

The issue here is mandatory inspections and air quality testing for these

schools, and I ask today: Will your government commit to make those a mandatory

requirement in this Province for schools?

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

SOME HON. MEMBERS: Hear, hear!

MS BURKE: Mr. Speaker, I would not want the general public to think that

this government does not take the air quality of our schools seriously.

Since 2004, Mr. Speaker, we have spent in excess of $47 million to address

air quality projects in our schools in the Province of Newfoundland and

Labrador.

SOME HON. MEMBERS: Hear, hear!

MS BURKE: We have done 446 air quality projects in 186 schools, or 66 per

cent of the schools in this Province.

Mr. Speaker, that includes $28 million for 168 roofing projects. It also

means that we did 128 building envelope inspections for over $11 million.

In addition to that, Mr. Speaker, we have had carpet removed from schools, we

have eliminated chalk boards, and we have had ventilation projects completed.

So, Mr. Speaker, we may not do mandatory air quality testing but we are doing

more intrusive testing. We are certainly putting money in, and we have done 446

projects.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

The minister well knows that a lot of that money was invested as a result of

poor quality that was found in schools, after schools opened.

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

MS JONES: The minister knows that many, many years these schools are

opening

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

MS JONES: and they are not repaired in the way they should be, to

(inaudible).

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

The hon. the Leader of the Opposition.

MS JONES: Mr. Speaker, if the minister feels that such great work is

being completed in these schools, why is it that her department is refusing to

release the air quality and the inspection reports of schools in this Province,

under a Freedom of Information Act, to the Opposition Office, but instead

looking for us to pay $600 to access that information?

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

The hon. the Minister of Education and Government House Leader.

SOME HON. MEMBERS: Hear, hear!

MS BURKE: Mr. Speaker, I think I need to clarify what the Leader of the

Opposition just said.

We have not refused to release reports. Under the access to information there

is a

schedule set up when there is an excessive amount of information that looks

at the cost and a formula because it certainly includes a number of hours of

work and photocopying of reports. What we have done is we have done an

assessment of the amount of information that has been requested, and according

to the formula, we advise the Opposition of what they would need to pay in order

to have this information processed and sent over to them.

We have not denied that request, Mr. Speaker. We have responded to it

appropriately and we feel that if they want the information as set out under the

legislation that they will continue with their request.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Order, please!

The hon. the Leader of the Opposition.

MS JONES: Thank you, Mr. Speaker.

I want to remind the minister that her government has already committed to

place water quality inspections on the Internet. You have agreed to put food

inspection reports on the Internet. Why will you not put the inspections of air

quality in schools on the Internet?

MR. SPEAKER: The hon. the Minister of Education and Government House

Leader.

SOME HON. MEMBERS: Hear, hear!

MS BURKE: Mr. Speaker, the hon. member makes it sound as if we take these

air quality reports or reports that we have on our schools and somehow keep them

secretive, which is far from the truth.

Mr. Speaker, as we do reports for schools and the Department of Education, we

share these with the school board. The school board has trustees that are

elected and they have school councils. They do up plans and work plans on how

they are going to address these issues. These are not reports that we hold in

the Department of Education only to be shared amongst ourselves. These are

reports that are done, they assist the school boards in doing their priorities

every year and if anything, they are certainly not kept secret.

Thank you.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

They may not be secret but they want $600 from our office in order to access

those reports.

Minister, if you are so forthcoming and you are so willing to provide the

information, why not provide it right here-

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

MS JONES: -in the House of Assembly so that the people of the Province

MR. SPEAKER: Order, please!

The hon. the Leader of the Opposition.

MS JONES: Thank you, Mr. Speaker.

Why not provide it right here in the House of Assembly so that the parents,

the children, the people of the Province can see what inspections have been

completed and what the results of them are?

MR. SPEAKER: Order, please!

The hon. the Government House Leader and Minister of Education.

SOME HON. MEMBERS: Hear, hear!

MS BURKE: Mr. Speaker, I guess the hon. member did not understand what I

said in my last answer.

What I have said is that these reports are done for the school boards that

they can share with their school councils and with the parents. It is reviewed

by the trustees. It sets their priorities for a year. She kind of gives the

impression that we take these reports and we deal with them primarily from a

government or departmental perspective. We do not, Mr. Speaker. They are out

there. They are available for the stakeholders who need these reports. I want

the parents to be assured that when these reports are done the boards use them

each and every time to help set their priorities, to help us as well as we look

at the budget and we are able to determine what work is done in any given year.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: The minister sits on the Management Commission, Mr. Speaker.

She knows that we do not have the resources to access that kind of information.

She knows it, Mr. Speaker, and she is refusing to provide it in the people's

House.

My next question is for the Minister of Health and Community Services.

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

The hon. the Leader of the Opposition.

MS JONES: Mr. Speaker, my next question is for the Minister of Health and

Community Services.

Yesterday I asked the Minister of Health about a Statement of Claim against

Eastern Health for a lack of mental health services for youth in the Province.

I ask the minister: Now that he has been given an opportunity to review this

Statement of Claim, is he concerned that his government's lack of mental

health services to young people in this Province is going to cause legal bills

to the government and to Eastern Health?

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

SOME HON. MEMBERS: Hear, hear!

MR. WISEMAN: Over the last couple of days, Mr. Speaker, I have laid out

in this House some of the initiatives and some of the investments our government

has made in mental health services. I talked about some of our plans for the

future, some of the commitments we have made to ensure that we make future

enhancements in mental health services for the people of the Province.

What I do not have a control over, Mr. Speaker, and no one in this government

has any control over, is what private citizens may decide to sue health

authorities or sue government. That is those individual's choices. That is why

we have courts, if individuals have recourse and they should pursue those. I

have no way of controlling that, I say, Mr. Speaker.

What I do have some control over though, and some influence as a government,

we have some influence on, is the kinds of investments we make in health

services. When we look at our record for the last five years, I stand here today

very proud, indeed, Mr. Speaker, of the investments we have made in health

services. I am proud to be able to stand here today and make a commitment that

we will continue to invest in health services, we will continue to make

improvements in not only mental health services, but an array of health programs

throughout Newfoundland and Labrador, I say, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

I guess the thing is, if government was fulfilling its requirement to provide

mental health services to all youth in this Province up to the age of eighteen,

then we would not have a legal suit on our hands.

I ask you, minister: Isn't it more proactive and more effective to be

putting the money into those services and not be risking lawsuits against the

government and Eastern Health?

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

SOME HON. MEMBERS: Hear, hear!

MR. WISEMAN: I don't know how many more times, Mr. Speaker, I can say

what I just said a moment ago and over the last couple of days.

We have continued to invest in Health care, we will continue to invest in

health care, we have made significant improvements in health services, and I

pointed out to the member opposite yesterday that back in the middle of October

the Advocate herself acknowledged the tremendous improvements we have made in

health services. She, along with myself, acknowledged that there is need for

continued improvements. I have made the commitment on behalf of government that

we will continue to enhance programs.

Now, what private citizens do with respect to their option to take legal

action because they feel aggrieved in some fashion, I can't restrict that.

That is why we have courts and individuals in this Province have the right and

freedom to do that, and I welcome them to do that.

I say, Mr. Speaker, with respect to the investments that we have made in

health services, and mental health services in particular, we have made

significant improvements particularly in the mental health area in the last

three years.

MR. SPEAKER: Order, please!

I ask the hon. member to conclude his answer.

The hon. the Leader of the Opposition.

MS JONES: Mr. Speaker, suicide is a major public health illness and I

think we all know that, but it is also a largely preventable one. In the last

three years we have had eighteen youth suicides in this Province.

Minister, given the statistics, given the situation that we find our youth

in, in this Province today they are crying out for help can you at least

lay out some kind of a mental health strategy that we can work with to be able

to achieve better treatment and better services for these people sooner and not

later?

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

SOME HON. MEMBERS: Hear, hear!

MR. WISEMAN: Mr. Speaker, the member opposite raised a very serious issue

and I want to make sure that the people of Newfoundland and Labrador fully

understand and appreciate the kinds of investments we have actually made in

mental health services. She is asking for a strategy. I indicated to this House

a couple of days ago that in 2005 we developed or rolled out for the people of

the Province, because it was developed in concert with many stakeholders, we

rolled out a framework for mental health services in this Province.

The following year we created the legislative framework and the regulatory

framework for that body of work to be implemented. We have started that process,

Mr. Speaker, and in the last three years we have invested over $15 million of

new money into mental health services for this Province.

Only yesterday I met with the Canadian Mental Health Association to talk

about how we might work together on a couple of very significant projects that

will continue to make improvements in mental health services.

I say, Mr. Speaker, we do have a strategy. It is rooted in the 2005 framework

and I direct her attention to that. It is on her website. I also direct her

attention to the kinds of investments we have made in mental health services in

the last three years.

We acknowledge, though, Mr. Speaker, there is continued room for improvement

and we are committed to work in bridging some of the gaps that currently exist

in services. We, too, are very conscious of the issues she has raised and I want

to assure the people of this Province that we take this issue seriously; we take

our responsibilities seriously.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

The minister knows, by his own government statistics, that there are well

over 1,000 attempted suicides by teenagers between fifteen and nineteen years of

age in our Province annually. We talked to the RCMP; their statistics are

telling us that they received nearly 1,300 calls for mental health issues last

year, and most of these calls were attempted suicides.

Based on that information, based on the fact that we spend the second-lowest

amount per person, per child, on youth mental health, of any other province of

Canada, based on the fact that our number of people in care outside the Province

is growing on an annual basis, again, Minister, I feel the 2005 framework is not

addressing the need that is there today.

I have to ask you again: Are you prepared to move towards a treatment

facility in this Province with proper services to be able to address the growing

need that exists with our young people and our youthful generation of this

Province?

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

SOME HON. MEMBERS: Hear, hear!

MR. WISEMAN: Again I want to acknowledge how serious an issue the member

is raising. To be posing questions on the floor of the House to suggest: Will

government commit to build a building tomorrow? I don't think that is an

appropriate kind of decision process that we want to make, an investment that we

want to make, in such a significant program.

What I have said in this House, and we are committed to, we are committed to

revisit the question of having a residential program in this Province. I have

indicated to this House two days ago that the report that was developed in 2003,

officials of my department have been tasked with reviewing that report, to

update the data that is in that, to determine whether or not the issues and

assumptions and recommendations that were made at that time were valid.

I indicated just a few moments ago that I met with the Canadian Mental Health

Association yesterday to talk about that and other issues, and we talked about a

process that we would engage in to actually revisit that report, to talk about

how we might address some of the residential requirements of people who are in

this Province.

So I say, Mr. Speaker, to ask the question here today - if we are asked for

an immediate question - there are some very complex issues at play here and we

need to make sure that we deal with it right, we deal with it seriously, and we

bring the appropriate partners to the table to help us with it.

SOME HON. MEMBERS: Hear, hear!

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

Vidi.

MS MICHAEL: Thank you very much, Mr. Speaker.

Mr. Speaker, in April 2007 there were draft changes made to the Occupational

Health and Safety Regulations, and I understand these have been under discussion

and consultation over the last year. Unfortunately, Mr. Speaker, while the

regulations currently reflect a commitment to protecting workers who work with

or around machinery, the proposed changes to the regulations weaken protection

for workers who are at risk of industrial disease.

Mr. Speaker, I ask the Minister of Government Services: Why is the government

undermining the rights of workers who become ill from occupational disease,

sometimes long after leaving the workplace?

MR. SPEAKER: The hon. the Minister of Government Services.

SOME HON. MEMBERS: Hear, hear!

MR. O'BRIEN: Mr. Speaker, the regulations entailed in Occupation Health

and Safety have been under review for a long time now probably a

year-and-a-half or so. The proposed changes within the regulations are hailed as

being some of the most stringent in other jurisdictions, especially in Canada,

and in no way and I want to be very clear here on the floor of the House

do we want to infringe in regard to occupation disease.

What the hon. member is talking about is the removal of what is called

section 24, that was entrenched into the regulations some forty years ago. It is

a very, very broad

section of those regulations that really, actually, devalues

the actual registry surrounding occupational health and disease.

Since this time and it has not really been enacted or capitalized on over

that forty years what we have done with the Wabush Mines and Lab West and

other areas is develop codes of practice. In regard to Wabush it is the Silica

Code of Practice, which includes a registry and a history of the people who work

in regard to those mining.

MR. SPEAKER: Order, please!

I ask the hon. minister to conclude his answer.

MR. O'BRIEN: This code of practice, Mr. Speaker, is hailed around the

world as being the template, as being one of the best in the world. As a matter

of fact, it is used by Australia itself. It certainly

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

MS MICHAEL: Thank you very much, Mr. Speaker.

I am well aware of the new code of practice that is in place in Labrador

West. The Minister of Government Services in 2006, the minister at the time,

brought that code of practice in, and at the time said that it was going to

become a model for the Province itself, and recognized at the time that

silicosis and other complications may arise years after someone has stopped

working.

I want to know: When is this government going to extend the protection to

future generations of mining and other industrial workers, and put the Silica

Code of Practice in place for all workers who work in comparable situations?

MR. SPEAKER: The hon. the Minister of Government Services.

SOME HON. MEMBERS: Hear, hear!

MR. O'BRIEN: Certainly, Mr. Speaker, that is exactly what we are trying

to do, because

section 24 is very, very broad, it is impractical, it is forty

years old. At any given time, as the Minister Responsible for Occupational

Health and Safety, I can establish a registry, another code of practice. It can

be a code of practice in regard to any industry or developing industry in this

Province, be it petroleum or be it whatever it is.

The Silica Code of Practice actually is specific and that is exactly what we

want to do, to be specific to specific diseases, to specific industries, to

specific issues within that industry. That is exactly what we are trying to do.

Section 24, in regard to the way it is written, on the broad sense, I have to

start a registry for 35,000 workplaces for every single worker, and that

includes every retail outlet in Newfoundland and Labrador, and that is the way

it is written. This way, I have the ability to start a registry at any given

time, if it is justified. I can start a code of practice whenever it is

justified, and we have the template to work out of.

MR. SPEAKER: Order, please!

The time allotted for questions and answers has expired.

Presenting Reports by Standing and Select Committees.

Tabling of Documents.

Notices of Motion.

Notices of Motion

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

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

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

An Act

To Amend The Provincial Court Act, 1991 No. 2. (Bill 50)

Furthermore, Mr. Speaker, I also give notice that I will ask leave to

introduce a bill entitled,

An Act To Remove Anomalies And Errors In The Statute

Law. (Bill 53)

Thank you.

MR. SPEAKER: Further notices of motion.

The hon. the Minister of Health and Community Services.

MR. WISEMAN: Thank you, Mr. Speaker.

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

An Act

Respecting The Practice Of Dentistry. (Bill 61)

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

entitled,

An Act To Repeal The Venereal Disease Prevention Act. (Bill 58)

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

entitled,

An Act To Repeal The Private Homes For Special Care Allowances Act.

(Bill 57)

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

entitled,

An Act To Repeal The Midwifery Act. (Bill 56)

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

entitled,

An Act To Repeal The Homes For Special Care Act. (Bill 55)

MR. SPEAKER: Further notices of motion.

The hon. the Minister of Finance and President of Treasury Board.

MR. KENNEDY: Thank you, Mr. Speaker.

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

of the Whole on Supply to Consider a Resolution Relating to the Granting of

Supplementary Supply to Her Majesty. (Bill 67)

MR. SPEAKER: Further notices of motion.

The hon. the Minister of Education and Government House Leader.

MS BURKE: Mr. Speaker, I give notice that I will ask leave to introduce a

bill entitled,

An Act To Repeal The School Boards' Association Act. (Bill 54)

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

entitled,

An Act To Amend The Student Financial Assistance Act No.2 (Bill 52)

MR. SPEAKER: Further notices of motion.

The hon. the Deputy Premier.

MS DUNDERDALE: Mr. Speaker, I give notice that I will ask leave to

introduce a bill entitled,

An Act To Amend The Mineral Act. (Bill 62)

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

Act To Amend The Forestry Act, No.2. (Bill 65)

MR. SPEAKER: Further notices of motion?

The hon. the Minister of Tourism, Culture and Recreation.

MR. JACKMAN: Mr. Speaker, I give notice that I will ask leave to

introduce a bill entitled,

An Act To Amend The Rooms Act. (Bill 64)

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

An Act

To Amend The Management of Information Act. (Bill 63)

MR. SPEAKER: Further notices of motion?

The hon. the Minister of Municipal Affairs.

MS WHALEN: Mr. Speaker, I give notice that I will ask leave to introduce

a bill entitled,

An Act Respecting Fire Protection Services in the Province.

(Bill 60)

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

"An Act To Provide For The Organization and Administration of Emergency

Services in the Province. (Bill 59)

Thank you.

MR. SPEAKER: Further notices of motion?

The hon. the Minister of Government Services.

MR. O'BRIEN: Mr. Speaker, I give notice that I will ask leave to

introduce a bill entitled,

An Act To Amend The Highway Traffic Act. (Bill 66)

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

Act To Amend The Securities Act. (Bill 49)

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

Act Respecting Certified Management Accountants. (Bill 51)

Thank you, Mr. Speaker.

MR. SPEAKER: Further notices of motion?

Answer to Questions for which Notice has been Given.

Petitons.

Petitions

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

MR. BUTLER: Thank you, Mr. Speaker.

I feel like today saying I am putting a motion forward to build a long-term

care facility for Conception Bay North, but I do not hold that position, Mr.

Speaker.

I just want to present another petition. I was pleased today to hear the

minister talk about the investments in health care. I can assure you, Mr.

Speaker, any investments in health care is greatly appreciated and we fully

agree with that, but it is little consolation to the people of Conception Bay

North who have been promised a long-term care facility going back to 2001,

confirmed again and reconfirmed in 2007.

I noticed yesterday the Minister of Health and the Minister of Finance and

President of Treasury Board were sizing up the petition saying that there were

only three or four names on them, is that all the names you can come up with. I

am going to tell you, when I hear the announcement being made that this is going

to be reconsidered and one of the two facilities for St. John's will probably

turn out to be one for Conception Bay North, I will present every petition the

one day, I can assure you, Mr. Speaker.

I call upon my hon. colleagues opposite, three Ministers of the Crown, that

they will ask government to reconsider this decision. I know the Minister of

Finance and President of Treasury Board is over going on, he can stand. He will

see petitions with constituents from his own district who are asking for the

same thing. He need not think they are all coming from Shearstown and the Bay

Roberts and Port de Grave area. He will see them

MR. KENNEDY: (Inaudible) Carbonear.

MR. BUTLER: Carbonear. They are coming from Carbonear, I say to the hon.

member.

All I am asking is the hon. minister and his colleagues to stand behind their

constituents. This is not something that we are just pulling out of the air.

This is something that has been promised to the people, and if government can

come out and say we are going to build two new facilities for St. John's,

surely they can say one of those is going to be for Conception Bay North area.

Mr. Speaker, I will be standing each and every day the House is open, until

eternity, until someone makes an announcement and corrects this injustice that

has been done to the people of Conception Bay North.

Thank you, Mr. Speaker.

MR. SPEAKER: Further Petitions?

Orders of the Day.

Orders of the Day

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

MS BURKE: Mr. Speaker, I move from the Order Paper, Motion 1, seconded by

the Minister of Natural Resources and the Deputy Premier, and it reads:

Whereas

section 7 of the House of Assembly Accountability, Integrity and

Administration Act provides that the Law Clerk is to be appointed by the

Lieutenant-Governor in Council on a nomination by the House of Assembly;

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

I ask members for their co-operation. The Speaker is having great difficult

hearing the Government House Leader providing the Orders of the Day.

I call on the Government House Leader.

MS BURKE: As I continue with number 1 from the Order Paper:

Now Therefore

Be It Resolved that Ms Lorna Proudfoot be nominated for

appointment as the Law Clerk of the House of Assembly.

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

I ask members for their co-operation.

Is the House in agreement with the resolution that Ms Lorna Proudfoot be

nominated for and appointed to as the Law Clerk of the House of Assembly?

If it is acceptable to members, we are prepared to take a vote. If members

need to make commentary, we certainly welcome that as well.

The hon. the Government House Leader.

SOME HON. MEMBERS: Hear, hear!

MS BURKE: Mr. Speaker, I would like to make some commentary about Ms

Lorna Proudfoot before we move to a vote in the House of Assembly.

We see Ms Lorna Proudfoot daily here in the House of Assembly, but I don't

know how many people here in the House of Assembly actually know Ms Proudfoot

and her background.

Mr. Speaker, the position of Law Clerk has a long and valued history in the

British parliamentary system. As a Table Officer of the House the Law Clerk

supports the Clerk and the Clerk Assistant as required and is accountable for

the provision of legal advice on parliamentary matters and procedures to the

Speaker, Clerk, Members of the House of Assembly, and the House of Assembly

Management Commission. The Law Clerk also provides legal counsel to the House of

Assembly service with respect to contract, employment, and other legal issues

that might arise.

For many years the duties of the Law Clerk of the House of Assembly in

Newfoundland and Labrador have been shared by lawyers employed with the Office

of the Legislative Counsel. These lawyers are drafters of government legislation

and employees of the Department of Justice.

The Report of the Hon. J. Derek Green, Rebuilding Confidence ,

recommended the role of the Law Clerk not be performed by Legislative Counsel

because of the potential for a conflict of interest. A conflict could be

perceived to arise where Legislative Counsel drafts bills for the government of

the Province and then, as Law Clerk, advises on parliamentary and legislative

matters under the umbrella of the House of Assembly. He therefore recommended

the creation of a new Law Clerk position reporting only to the House of

Assembly.

Following the direction of the House of Assembly Management Commission a

recruitment process was conducted with the Public Service Commission to hire a

permanent Law Clerk for our Legislature. Ms Lorna Proudfoot, the acting Law

Clerk since 2007, is the recommended candidate for this position as noted in the

resolution.

In 1975 Ms Proudfoot completed her undergraduate degree at Memorial

University graduating with a Bachelor of Science Honours. In 1981 Ms Proudfoot

completed her law degree at the University of New Brunswick and was admitted to

the Bar of Newfoundland and Labrador in April of 1982. For the past twenty years

Ms Proudfoot has worked with Legislative Counsel, Department of Justice, and as

Law Clerk with the House of Assembly. Prior to that time she conducted a private

practice in the areas of real estate, corporate, and family law. Ms Proudfoot

brings extensive experience in drafting legislation and providing advice on

parliamentary matters.

This I found particularly interesting: In accepting this position Ms

Proudfoot will be continuing the work of her father, William F. Proudfoot, who

was Law Clerk with the House of Assembly from Confederation until the time of

his death in 1955.

If the House supports the resolution the appointment will then proceed to

Cabinet for final confirmation.

Thank you.

SOME HON. MEMBERS: Hear, hear!

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

MR. KELVIN PARSONS: Thank you, Mr. Speaker.

I appreciate an opportunity just to have a few words, as well, in support of

the resolution regarding the appointment of Ms Proudfoot. Most of us here in the

House, of course, know her personally and have had the benefit of working with

her in the past. I had the good fortune of working with her in the Justice

Department for a while. We all know her to be a person of great integrity, great

intelligence, and a good dose of common sense. That, of course, is going to be

needed on many the occasions, I would think, when she has to deal with some of

the thorny and sometimes sensitive issues that come up here in the House of

Assembly.

As indicated by the Government House Leader, she is eminently qualified for

this, not only because of her own academic training, of course, and her

experience; even genetically, I guess, she has some right to the position in

that regard as well. We are certainly supportive of it - the resolution, that is

- and her assuming that position.

We have had the benefit, since the Green report, of dealing with Ms Proudfoot,

actually, since last fall some time. In any committee that I have had the

pleasure of working with, and she has been involved in, she has provided

unbelievable advice and guidance to the committees as and when required,

including the Management Committee, Public Accounts and so on, and any other

committee that we have needed her to be involved with.

We would certainly, as the Official Opposition, be very supportive and

confirm our support for the resolution appointing Ms Proudfoot as Law Clerk for

our Assembly.

Thank you.

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

Vidi.

MS MICHAEL: Thank you very much, Mr. Speaker.

As Leader of the Third Party I, too, would like to join in supporting the

nomination of Ms Proudfoot. The expertise that she has, her experience and her

training, have been well outlined by the House Leader and the Opposition House

Leader and I will not repeat any of that but just echo it.

I, too, have had the opportunity to work more closely with her than maybe

other MHAs because of being on the Management Commission. She certainly has

shown herself to me as a person who thoroughly researches and gets inside of

whatever issues she has to give an opinion on. So, I am very pleased too to

stand and to second it is not necessary, but - to second the nomination.

Thank you.

MR. SPEAKER: Any further commentary?

Is the House ready for the question?

Shall the motion carry that Ms Lorna Proudfoot be nominated for appointment

as the Law Clerk of the House of Assembly?

All those in favour, 'aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, 'nay'.

The motion is carried unanimously.

On motion, Ms Lorna Proudfoot appointed as Law Clerk of the House of

Assembly.

MR. SPEAKER: Just by way of commentary, for new members, the Law Clerk is

not there wholly and solely for the Speaker's Office. If members want to

access the Law Clerk in order to put forward resolutions or to bring about

amendments, the Law Clerk is the person that you see and works independently of

every other person in the House.

The hon. the Government House Leader.

MS BURKE: Mr. Speaker, I will return to the Order Paper, Motion 2.

I move, seconded by the Minister of Natural Resources and the Deputy Premier, to

ask leave to introduce a bill entitled,

An Act To Repeal The Pickersgill

Fellowship Act. (Bill 41)

I further move that the said bill be now read a first time.

MR. SPEAKER: It is moved and seconded that the hon. the Minister of

Education shall have leave to introduce a bill entitled,

An Act To Repeal The

Pickersgill Fellowship Act, (Bill 41), and that the said bill be now read a

first time.

Is it the pleasure of the House that the Minister of Education shall have

leave to introduce Bill 41, and that the said bill be now read a first time?

All those in favour, 'aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER : All those against, 'nay'.

The motion is carried.

Motion, the hon. the Minister of Education to introduce a bill, "An Act

To Repeal The Pickersgill Fellowship Act," carried. (Bill 41)

CLERK: A bill,

An Act To Repeal The Pickersgill Fellowship Act. (Bill 41)

MR. SPEAKER: Bill 41 has now been read a first time.

When shall Bill 41 be read a second time?

Now? Tomorrow?

MS BURKE: Tomorrow.

On motion, Bill 41 read a first time, ordered read a second time on tomorrow.

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

MS BURKE: Mr. Speaker, Motion 3.

I move, seconded by the Minister of Natural Resources and the Deputy Premier,

to ask leave to introduce a bill entitled,

An Act To Repeal The Memorial

University Foundation Act. (Bill 42)

I further move that the said bill be now read a first time.

MR. SPEAKER: It is moved and seconded that the hon. the Minister of

Education shall have leave to introduce a bill entitled,

An Act To Repeal The

Memorial University Foundation Act, (Bill 42), and that the said bill be now

read a first time.

Is it the pleasure of the House that the Minister of Education shall have

leave to introduce Bill 42, and that the said bill be now read a first time?

All those in favour, 'aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, 'nay'.

The motion is carried.

Motion, the hon. the Minister of Education to introduce a bill, "An Act

To Repeal The Memorial University Foundation Act," carried. (Bill 42)

CLERK: A bill,

An Act To Repeal The Memorial University Foundation Act.

(Bill 42)

MR. SPEAKER: Bill 42 has now been read a first time.

When shall the said bill be read a second time?

MS BURKE: Tomorrow.

MR. SPEAKER: Tomorrow.

On motion, Bill 42 read a first time, ordered read a second time on tomorrow.

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

MS BURKE: Mr. Speaker, Motion 4.

I move, seconded by the hon. Minister of Natural Resources and the Deputy

Premier, to ask leave to introduce a bill entitled,

An Act To Repeal The

Labrador Linerboard Limited Agreement Act, 1979. (Bill 47)

I further move that the said bill be now read a first time.

MR. SPEAKER: It is moved and seconded that the hon. the Minister of

Natural Resources shall have leave to introduce a bill entitled,

An Act To

Repeal The Labrador Linerboard Limited Agreement Act, 1979, (Bill 47), and that

the said bill be now read a first time.

Is it the pleasure of the House that the said minister shall have leave to

introduce Bill 47, and that the bill be now read a first time?

All those in favour, 'aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, 'nay'.

The motion is carried.

Motion, the hon. the Minister of Natural Resources to introduce a bill,

"An Act To Repeal The Labrador Linerboard Limited Agreement Act,

1979," carried. (Bill 47)

CLERK: A bill,

An Act To Repeal The Labrador Linerboard Limited Agreement

Act, 1979. (Bill 47)

MR. SPEAKER: Bill 47 has now been read a first time.

When shall Bill 47 be read a second time?

MS BURKE: Tomorrow.

MR. SPEAKER: Tomorrow.

On motion, Bill 47 read a first time, ordered read a second time on tomorrow.

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

MS BURKE: Mr. Speaker, Motion 5.

I move, seconded by the hon. Minister of Natural Resources and the Deputy

Premier, to ask leave to introduce a bill entitled,

An Act To Repeal The

Labrador Linerboard Limited Agreement (Amendment) Act, 1979. (Bill 48)

I further move that the said bill be now read a first time.

MR. SPEAKER: It is moved and seconded that the hon. the Minister of

Natural Resources shall have leave to introduce a bill entitled,

An Act To

Repeal The Labrador Linerboard Limited Agreement (Amendment) Act, 1979, (Bill

48), and that the said bill be now read a first time.

Is it the pleasure of the House that the minister shall have leave to

introduce Bill 48 and that the said bill be now read a first time?

All those in favour, 'aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, 'nay'.

The motion is carried.

Motion, the hon. the Minister of Natural Resources to introduce a bill,

"An Act To Repeal The Labrador Linerboard Limited Agreement (Amendment)

Act, 1979," carried. (Bill 48)

CLERK: A bill,

An Act To Repeal The Labrador Linerboard Limited Agreement

(Amendment) Act, 1979. (Bill 48)

MR. SPEAKER: Bill 48 has now been read a first time.

When shall the said bill be read a second time?

MS BURKE: Tomorrow.

MR. SPEAKER: Tomorrow.

On motion, Bill 48 read a first time, ordered read a second time on tomorrow.

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

MS BURKE: Mr. Speaker, Motion 6 on the Order Paper.

I move, seconded by the hon. Minister of Transportation and Works, to ask

leave to introduce a bill entitled,

An Act To Repeal The Newfoundland And

Labrador Computer Services Limited Amendment Act. (Bill 46)

I further move that the said bill be now read a first time.

MR. SPEAKER: It is moved and seconded that the hon. the Minister of

Transportation and Works shall have leave to introduce a bill entitled,

An Act

To Repeal The Newfoundland And Labrador Computer Services Limited Amendment Act,

(Bill 46), and that the said bill be now read a first time.

Is it the pleasure of the House that the said minister shall have leave to

introduce Bill 46, and that the said bill be now read a first time?

All those in favour, 'aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, 'nay'.

The motion is carried.

Motion, the hon. the Minister of Transportation and Works to introduce a

bill, "An Act To Repeal The Newfoundland And Labrador Computer Services

Limited Amendment Act," carried. (Bill 46)

CLERK: A bill,

An Act To Repeal The Newfoundland And Labrador Computer

Services Limited Amendment Act. (Bill 46)

MR. SPEAKER: Bill 46 has now been read a first time.

When shall the said bill be read a second time?

MS BURKE: Tomorrow.

MR. SPEAKER: Tomorrow.

On motion, Bill 46 read a first time, ordered read a second time on tomorrow.

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

MS BURKE: Mr. Speaker, Motion 7 on the Order Paper.

I move, seconded by the hon. Minister of Government Services, to ask leave to

introduce a bill entitled,

An Act To Amend The Real Estate Trading Act. (Bill

39)

I further move that the said bill be now read a first time.

MR. SPEAKER: It is moved and seconded that the hon. Minister of

Government Services shall have leave to introduce a bill entitled,

An Act To

Amend The Real Estate Trading Act, Bill 39, and that the said bill be now read a

first time.

Is it the pleasure of the House that the said member shall have leave to

introduce Bill 39 and that the said bill be now read a first time?

All those in favour, 'aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, 'nay'.

Carried.

Motion, the hon. the Minister of Government Services to introduce a bill,

"An Act To Amend The Real Estate Trading Act," carried. (Bill 39)

CLERK: A bill,

An Act To Amend The Real Estate Trading Act. (Bill 39)

MR. SPEAKER: This bill has now been read a first time. When shall Bill 39

be read a second time?

MS BURKE: Tomorrow.

MR. SPEAKER: Tomorrow.

On motion, Bill 39 read a first time, ordered read a second time on tomorrow.

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

MS BURKE: Mr. Speaker, Motion 8 from the Order Paper. I move, seconded by

the hon. Minister of Government Services, to ask leave to introduce a bill

entitled,

An Act To Repeal The Corporations Guarantees Act. (Bill 43)

I further move that the said bill be now read a first time.

MR. SPEAKER: It is moved and seconded that the hon. the Minister of

Government Services shall have leave to introduce a bill entitled,

An Act To

Repeal The Corporations Guarantees Act, Bill 43, and that the said bill be now

read a first time.

Is it the pleasure of the House that the said minister shall have leave to

introduce Bill 43 and that the said bill be now read a first time?

All those in favour, 'aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, 'nay'.

Carried.

Motion, the hon. the Minister of Government Services to introduce a bill,

"An Act To Repeal The Corporations Guarantees Act," carried. (Bill 43)

CLERK: A bill,

An Act To Repeal The Corporations Guarantees Act. (Bill

43)

MR. SPEAKER: Bill 43 has now been read a first time. When shall Bill 43

be read a second time?

MS BURKE: Tomorrow.

MR. SPEAKER: Tomorrow.

On motion, Bill 43 read a first time, ordered read a second time on tomorrow.

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

MS BURKE: Mr. Speaker, Motion 9 from the Order Paper. I move, seconded by

the hon. Minister of Government Services, ask leave to introduce a bill

entitled,

An Act To Repeal The Certified Public Accountants Act. (Bill 44)

I further move that the said bill be now read a first time.

MR. SPEAKER: It is moved and seconded that the hon. the Minister of

Government Services shall have leave to introduce a bill entitled,

An Act To

Repeal The Certified Public Accountants Act, Bill 44, and that the said bill be

now read a first time.

Is it the pleasure of the House that the minister shall have leave to

introduce Bill 44 and that the said bill be now read a first time?

All those in favour, 'aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, 'nay'.

The motion is carried.

Motion, the hon. the Minister of Government Services to introduce a bill,

"An Act To Repeal The Certified Public Accountants Act," carried.

(Bill 44)

CLERK: A bill,

An Act To Repeal The Certified Public Accountants Act.

(Bill 44)

MR. SPEAKER: This bill has now been read a first time. When shall the

said bill be read a second time?

MS BURKE: Tomorrow.

MR. SPEAKER: Tomorrow.

On motion, Bill 44 read a first time, ordered read a second time on tomorrow.

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

MS BURKE: Mr. Speaker, Motion 10. I move, seconded by the hon. Minister

of Government Services, ask leave to introduce a bill entitled,

An Act To Repeal

The Chartered Accountants And Certified Public Accountants Merger Act. (Bill 45)

I further move that the said bill be now read a first time.

MR. SPEAKER: It is moved and seconded that the hon. the Minister of

Government Services shall have leave to introduce a bill entitled,

An Act To

Repeal The Chartered Accountants And Certified Public Accountants Merger Act,

Bill 45, and that the said bill be now read a first time.

Is it the pleasure of the House that the said minister shall have leave to

introduce Bill 45 and that the said bill be now read a first time?

All those in favour, 'aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, 'nay'.

The motion is carried.

Motion, the hon. the Minister of Government Services to introduce a bill,

"An Act To Repeal The Chartered Accountants And Certified Public

Accountants Merger Act," carried. (Bill 45)

CLERK: A bill,

An Act To Repeal The Chartered Accountants And Certified

Public Accountants Merger Act. (Bill 45)

MR. SPEAKER: Bill 45 has now been read a first time. When shall the said

bill be read a second time?

MS BURKE: Tomorrow.

MR. SPEAKER: Tomorrow.

On motion, Bill 45 read a first time, ordered read a second time on tomorrow.

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

MS BURKE: Mr. Speaker, Motion 11 from the Order Paper. I move, seconded

by the hon. Minister of Finance and President of Treasury Board, to ask leave to

introduce a bill entitled,

An Act To Amend The Income Tax Act, 2000 And To

Repeal The Financial Corporations Capital Tax Act. (Bill 38)

I further move that the said bill be now read a first time.

MR. SPEAKER: It is moved and seconded that the hon. the Minister of

Finance and President of Treasury Board shall have leave to introduce a bill

entitled,

An Act To Amend The Income Tax Act, 2000 And To Repeal The Financial

Corporations Capital Tax Act, Bill 38, and that the said bill be now read a

first time.

Is it the pleasure of the House that the minister shall have leave to

introduce Bill 38 and that the said bill be now read a first time?

All those in favour, 'aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, 'nay'.

The motion is carried.

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

introduce a bill, "An Act To Amend The Income Tax Act, 2000 And To Repeal

The Financial Corporations Capital Tax Act." (Bill 38)

CLERK: A bill,

An Act To Amend The Income Tax Act, 2000 And To Repeal The

Financial Corporations Capital Tax Act. (Bill 38)

MR. SPEAKER: Bill 38 has now been read a first time. When shall Bill 38

be read a second time?

MS BURKE: Tomorrow.

MR. SPEAKER: Tomorrow.

On motion, Bill 38 read a first time, ordered read a second time on tomorrow.

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

MS BURKE: Mr. Speaker, Motion 12 from the Order Paper. I move, seconded

by the hon. Minister of Tourism, Culture and Recreation, to ask leave to

introduce a bill entitled,

An Act To Amend The Arts Council Act. (Bill 40)

I further move that the said bill be now read a first time.

MR. SPEAKER: It is moved and seconded that the hon. the Minister of

Tourism, Culture and Recreation shall have leave to introduce a bill entitled,

An Act To Amend The Arts Council Act, Bill 40, and that the said bill be now

read a first time.

Is it the pleasure of the House that the minister shall have leave to

introduce Bill 40 and that the said bill be now read a first time?

All those in favour, 'aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, 'nay'.

The motion is carried.

Motion, the hon. the Minister of Tourism, Culture and Recreation to introduce

a bill, "An Act To Amend The Arts Council Act," carried. (Bill 40)

CLERK: A bill,

An Act To Amend The Arts Council Act. (Bill 40)

MR. SPEAKER: Bill 40 has now been read a first time. When shall the said

bill be read a second time?

MS BURKE: Tomorrow.

MR. SPEAKER: Tomorrow.

On motion, Bill 40 read a first time, ordered read a second time on tomorrow.

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

MS BURKE: Mr. Speaker, the Orders of the Day, I would like to go to

number 2 on the Order Paper, Address in Reply.

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

SOME HON. MEMBERS: Hear, hear!

MR. HARDING: Thank you, Mr. Speaker.

I am pleased today to rise and speak in the Address in Reply to the Speech

from the Throne.

As most people are aware, the Speech from the Throne is a document that gives

an outline of where our government plans to go in the months and years ahead, a

document which gives a plan for the future. We, as Members of the House of

Assembly, Mr. Speaker, all have the opportunity to speak on this document. I do

not know if there is any such thing as if it is better to speak in the spring,

when the document is presented first by the Lieutenant-Governor, or later on

during the fall session, but, Mr. Speaker, I would say that this year, 2008, I

believe that it is much better to have the opportunity to speak during the fall

session.

This has been a tremendous year in the Province of Newfoundland and Labrador.

This has been, in my view, what I would class as a red-letter year in our

Province's history. There have been many great things done in 2008, things

that have solidified the foundation which we have been building for the past

four years. I do not want to leave the impression, Mr. Speaker, right from the

beginning with the Opposition, that I am standing here today saying that

everything is perfect in this Province. I am not saying that at all. We do have

problems, and we are addressing them with our resources in the most responsible

manner possible.

I would just like to refer to something I read last night, Mr. Speaker, a

newsletter from the United States. More than thirty-six million Americas

struggled with hunger last year and had to go to food banks. That is 26 per cent

of the total population of the United States last year who had to go to a food

bank. This year, Mr. Speaker, with the problems in the United States, that is

even worse.

I am proud to say that I believe firmly we are much better off in this

Province than a lot of other places around the world. The decisions that we have

made as a government over the past five years have been good ones, even though I

say it myself as a member of this government. The decision to reduce our

Province's debt, the decision to reduce taxes, our decision to make

sustainable investments in our infrastructure and our social programs were the

right ones for the right reasons. This is certainly being confirmed now, Mr.

Speaker, by the watchdogs in the money market.

About a month ago, the Dominion Bond Rating Service upgraded our long-term

debt rating from A- to A. On November 21, only a week or so ago, Standard &

Poor's recognized our Province's prudent financial management by revising

our outlook from stable to positive. Certainly, Mr. Speaker, that says that we

are doing the right things and we are on the right track, especially when you

consider the economic circumstances around the world today.

Mr. Speaker, in saying that 2008 has been an incredible year in the history

of this Province, I would like to make a few references to our Throne Speech,

and I would like to see now, and I can say in the fall, how we, as a government,

have been following and living up to what we said in the Throne Speech.

First, Mr. Speaker, on page 6 we said that we would finalize the framework

agreements with the Hebron partners. Mr. Speaker, the deal is done, a

multi-billion dollar deal for this Province. The agreement is signed, sealed and

delivered. Even though all around us we see and hear of so much doom and gloom,

the Hebron partners confirmed only a week or so ago that this project is a go,

the creation of at least 3,500 jobs for Newfoundlanders and Labradorians.

We also said in our Throne Speech on page 6, Mr. Speaker, that we would

participate in the developing of the White Rose satellites under our new

agreement. Mr. Speaker, this is done. It is not only done but it also includes a

5 per cent equity stake in the project; again, billions of dollars for this

Province's future.

We said in our Throne Speech, Mr. Speaker, that we would be progressing the

Lower Churchill project development plan toward project sanction and first

power. It is done, Mr. Speaker. We reached that milestone when we negotiated and

signed a New Dawn Agreement with the Innu of Labrador. A great day for the Innu

of Labrador and a greater day for all of the people in this great Province.

SOME HON. MEMBERS: Hear, hear!

MR. HARDING: We said in our Throne Speech, Mr. Speaker, that we would

advance wind power development in the Province. It is being done in St. Lawrence

and on the Southern Shore.

SOME HON. MEMBERS: Hear, hear!

MR. HARDING: We said in the Throne Speech that we would make preparations

for the development and the construction of a nickel processing operation in the

Province. It is done as well, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. HARDING: The decision has been finalized to build a multi-billion

dollar hydromet plant in Long Harbour. Again, Mr. Speaker, despite the economic

conditions around the world, Vale Inco confirmed just a few days ago that this

project will proceed in the spring of 2009. This project will mean an average of

1,630 jobs per year during the three years of construction and, after the

construction is finished, a permanent 450 full-time good-paying jobs during its

operation.

We also made reference, Mr. Speaker, to the potential expansion of the Iron

Ore Company operations in Labrador City. It has been done. That major $800

million expansion is now underway.

Mr. Speaker, I could go on making references to our Throne Speech, and things

that we have done and followed for this part of our fiscal year, but I thought I

would highlight these few points in particular; because, as we proceed with

these megaprojects, they will be major contributing factors to the future of

this great Province.

Mr. Speaker, over the past five years our government has made many decisions.

We have laid a solid foundation for a brighter future for our children and

grandchildren. That is a statement that we made right back in our first Throne

Speech in 2004.

We took the approach that we did, Mr. Speaker, because of our pride in this

great land. That is why we are in such a good position today. That is why

Newfoundland and Labrador today is the envy of every other jurisdiction in this

country.

In 1989 former Premier Brian Peckford said: Some day the sun will shine and

have-not will be no more.

Well, Mr. Speaker, that day has arrived. I, and I know my colleagues in this

House of Assembly, are all proud of that.

It is important, however, to recognize that achieving what we call have

status as a province did not happen solely because we were the government these

past few years. I would like to say that it was, but I cannot. It happened

because of a combination of factors over the years.

Our fishery has always been a major contributor to our economy. As we have

heard said so many times before, for every fish that comes out of the water it

is a new dollar generated to the economy of our Province and our country.

In my own District of Bonavista North the fishery is a generator of an

average of $50 million to $60 million a year toward the local economy in that

area. Mr. Speaker, with greater protection of the resource, that fishery will be

with us for years and years to come.

Our Upper Churchill Hydro development, not a project that any of us are proud

of, is nevertheless a project which is contributing to our economy. After the

first expiry date is up for the first contract, we will be much better off in

the future.

Our mining industry, Mr. Speaker: Since 2003, the gross value of mineral

shipments has risen from $776 million to a projected $5.2 billion this year. Six

new mining and processing operations have opened during this period creating

hundreds of jobs for Newfoundlanders and Labradorians. I know a number of people

working on these projects were people who were working away in Sudbury and other

mining areas around the country and around the world. Mineral exploration in

this Province has boomed by 643 per cent. This year alone mineral exploration in

the Province is valued at $148 million. So, our mining industry is another

contributor to our Province's economy.

Our agrifoods industry, Mr. Speaker - something that we don't often hear

very much about - is a more than $500 million contributor to our economic

wellbeing; an industry that is supplying more than 6,000 people in the rural

areas of Newfoundland and Labrador.

Over the last five years our government has invested more than $17 million in

funding more than 1,400 projects in our agriculture sector, and I would like to

commend a couple of the companies that took advantage of some of the funding and

have gone into further secondary production. I would like to commend Brookfield

Dairy. They have had a very productive year in their newly expanded ice cream

plant. Also Central Dairies: Central Dairies just recently completed their first

production run of their new cheese products.

Mr. Speaker, we have also had our best year ever in cranberry production.

This year, the harvest has increased by more than 26 per cent from last year.

The industry produced a record harvest of 172,000 kilograms of cranberries. The

majority of this year's crop, 80 per cent, was processed in my District of

Bonavista North by Indian Bay Frozen Foods in Centreville. Mr. Speaker, I know

there are some people out there who may laugh at the fact that we are developing

such a thing as the cranberry industry, but I say to you, Mr. Speaker, I

remember not too long ago when people laughed at Skipper Art Sturge in

Valleyfield and Max Attwood and Ralph White and Lester Petten in Port de Grave,

laughed at these fishermen when they started the crab fishery back in the early

1970s and stuck with it right on through today. Who ended up laughing after?

I also like to remember the fact that Skipper Boyd Way, the owner and founder

of Beothic Fish in Valleyfield, started the lump row fishery back in the early

1970s. People were laughing at him then, but who ended up with the last laugh? I

am sure, Mr. Speaker, that with the potential for cranberries in this Province

and the excellent marketing opportunities that are available, we will be saying

the same thing as that industry grows and increases.

Our forestry industry, Mr. Speaker, has been a major contributor over the

years. Even though it has struck on difficult times now, not only in the

Province but around the world, I believe and am confident that that will change

as time progresses.

Our tourism industry has increased dramatically over the past few years. Our

government has doubled its investment in marketing from $6 million in 2004 to

$12 million in 2008. I know the tourism industry is a great contributor to the

economy in my District of Bonavista North. We have a facility out there, the

Barbour Site in Newtown, which is second to none in the Province. We also have a

dinner theatre that has attracted thousands of people each year to that part of

the Province. I am pleased to say and recognize that one of the actors in our

dinner theatre is here with us now; one of the Pages, from Greenspond, here in

the House of Assembly, and doing a fine job, I might add.

Without a doubt, Mr. Speaker, one of the major, and I guess the major

contributor to our economy has been our offshore oil and gas. Without a doubt,

as well, the renegotiation of the Atlantic Accord by this Premier and by this

government has been a major factor in putting billions of additional dollars

into the coffers of the Newfoundland government.

So, Mr. Speaker, I would like to say that the combination of and the

culmination of all of these factors and others have put us to where we are

today. The key to all of it is maximizing our benefits from our rich natural

resources, and being responsible and prudent in our spending. This government

has been proud. This government has been strong. This government has been

determined in its negotiations with the federal government, with the

multi-national oil companies and others in ensuring that at the end of the day

we, the people of the Province of Newfoundland and Labrador, are the principal

beneficiaries of whatever is taken from our land, from our inland waters and

from the oceans that surround this great Province.

Mr. Speaker, some have said to me, since we have achieved this have status,

since we have stopped receiving equalization payments from Ottawa, some have

said they do not see any difference. They do not feel any better today than they

did when we were a have not province. I will say to these people, Mr. Speaker:

Where is your pride as a Newfoundlander and Labradorian? Where has the fighting

Newfoundlander gone? We have always been recognized as the people who treasure

our heritage, as a people who are proud of our culture, as a people who have

always wanted to be independent, and as a people who always wanted to pay our

own way.

Mr. Speaker, after a half century of being perceived in this Country of

Canada as having our hand out begging, we should all be proud today that we have

finally turned the corner. Yes, Mr. Speaker, we have finally turned the corner,

again with our hand out, but, Mr. Speaker, giving instead of receiving.

Thank you very much.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER (T. Osborne): The hon. the Minister of Labrador Affairs.

SOME HON. MEMBERS: Hear, hear!

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

It is always a pleasure to be back in this hon. House with my colleagues, and

to have the opportunity to speak here today to represent the great District of

Lake Melville, the communities in Lake Melville, and, indeed, to represent

Labrador in this House of Assembly, and certainly in the Cabinet.

Mr. Speaker, my colleague before me certainly stated a lot about the fact

that our government, since 2003, has come into its own. It has come into its own

because of the leadership of Premier Williams and the vision that he has for

this Province and the vision that we, as a collective caucus and Cabinet, have

to ensure that this Province is going to take the right path and to ensure that

our children and our grandchildren have a firm footing for a solid future.

As I stand here today, Mr. Speaker, and do the Address in Reply to the Speech

from the Throne, I want to take the opportunity to tell the people of the

Province and my colleagues some of the great things that is happening in

Labrador. As many of you know, Labrador is a big land. We call it the Big Land,

some 295,000 square kilometres. That is a large piece of real estate when you

consider that you can put Nova Scotia, New Brunswick, Prince Edward Island and

the Island of Newfoundland inside the map of Labrador. A huge piece of property;

a huge piece of property with some great resources and certainly some great

people. It is very unique to this Province. It is a northern location that has

its challenges.

I must say, I have been happy since the last election to work with my hon.

colleague, the Member for Torngat Mountains , the Minister of Aboriginal Affairs

as we take on some of the issues of Labrador and bring it to our caucus and to

the Cabinet and address some of the issues and challenges that we face there.

I want to take a couple of minutes, Mr. Speaker, to talk about the Department

of Labrador and Aboriginal Affairs. We are a unique department in many respects.

Certainly, the minister's office, the Minister of Labrador Affairs office is

in Happy Valley-Goose Bay, and there we have some fifteen dedicated employees. I

must say, I am absolutely thrilled at the work that my staff do each and

everyday to serve the people of Labrador as we deal with the many issues that

face us.

Mr. Speaker, the Department of Labrador and Aboriginal Affairs, if we look at

our mandate, we coordinate and facilitate basically all government activities

related to Labrador and Aboriginal issues in Labrador. Virtually all the

department's activities involve close collaboration with all of our provincial

entities, the Aboriginal groups, the Inuit, the Innu and the Metis of Labrador,

and certainly the new Nunatsiavut government that is at work in Northern

Labrador.

Our major role, basically, is to influence policy, especially when it

pertains to Labrador, and we advocate for Labrador. We push the agenda inside of

government for Labrador, and we make known the needs of the people of Labrador

to ensure that their issues get addressed in the various levels of government

and the various departments.

One of the projects that I am very, very proud of, and that has been moving

forward with tremendous success, and we have done a tremendous amount of work

over the last number of years, is the transportation and roadwork that has been

done on the Trans-Labrador Highway.

Mr. Speaker, I am pleased to report to the people of the Province here today

that we are moving into the final stages of completing the Trans-Labrador

Highway, and just weeks ago - as a matter of fact, it was only days ago that the

contractors moved their equipment off-site because winter is starting to come

in. We have completed somewhere in the vicinity of 215 kilometres of the 265

kilometres of road between Happy ValleyGoose Bay and Cartwright, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. HICKEY: What we have left now, Mr. Speaker, is approximately fifty

kilometres of road to be completed in next year's construction season.

Mr. Speaker, I cannot even start to begin to tell you how excited we are in

Labrador, to know that we will be able to get into our vehicles in Happy ValleyGoose

Bay and be able to drive down the beautiful Coast of Southern Labrador and into

the Straits, and to cross over onto the Great Northern Peninsula and be able to

do business in Western Newfoundland, in Corner Brook, in Deer Lake.

I cannot tell you, Mr. Speaker, how excited we are to know that our children,

once they finish high school and once we get that new university in Corner

Brook, that our children will be able to get up at 7:00 in the morning, leave,

and be in their campus in Corner Brook that particular evening. It is

incredible, Mr. Speaker.

It wasn't all that long ago, Mr. Speaker, back in 1989, when I cut my eye

teeth as a young town councillor for the Town of Happy ValleyGoose Bay, and

my very first trip to this particular building was to meet with the

Transportation and Works officials. I remember people in the room with me at the

time - the late Lawrence O'Brien,

the late Harry Baikie, the late Herb Brett, Bill Burden, Dennis Conway - and

the assistant deputy minister of the day looked into our faces at that time,

into our delegation, and said: If you think that this government or any

government will build a road across Labrador, you are all living in dreamland.

Well I can tell you, Mr. Speaker, that dream is about to come true. It wasn't

without a lot of hard work, it wasn't without a lot of good fights and good

arguments, but we were persistent. One of the gentlemen that I always allude to

when we talk about the Trans-Labrador Highway is a former Mayor of Happy

Valley-Goose Bay, Hank Shouse, when he came in and started putting his papers on

the wall, and had this concept of building a road across Labrador connecting

many of the big communities, and certainly the South Coast.

I hope one day, Mr. Speaker, I hope one day, that we will be able to work

with the Nunatsiavut Government and with the industry and see a road to the

North Coast of Labrador and to some of the communities certainly in Postville

and Makkovik and Rigolet.

That is our dream; that has been always our dream. Transportation has been a

huge issue for us. It has been a huge challenge, and when you look at the

expenses that we pay each and every day to fly out of Labrador, with today's

airfares, it is just a tremendous expense, particularly when it comes to medical

and vacation and these types of things that we like to take advantage of, for

those of us that live there.

This year, Mr. Speaker, when we talk about the Trans-Labrador Highway and

some of the progress that was made, I am happy to report that over ninety

kilometres of widening has been done between Happy Valley-Goose Bay on Phase I,

and some seventy kilometres in Western Labrador have been completed.

We hope to see, next year, the start, the beginning, of the hard surfacing

and the laying of asphalt coming out of Happy Valley-Goose Bay and Labrador

West. It is a tremendous feat, Mr. Speaker, a tremendous feat, some 1,125

kilometres of road connecting Western Labrador and the Straits, and it is going

to bring the people of Labrador closer together, and it is going to be able to

bring our Province closer together, Mr. Speaker. As I often say in this hon.

House, and I say wherever I go, the future of the Province of Newfoundland and

Labrador lies in the development of the resources of Labrador. When government

invests in Labrador, they invest in this Province's future. We have been

certainly, for many, many years, paying our way with the royalties out of IOC,

Wabush Mines, Voisey's Bay and the Upper Churchill.

We are going to see, and my hon. colleague alluded to it just before me -

this year was a spectacular year - he mentioned the Hebron agreement. Again we

talk about leadership, we talk about courage. If Premier Williams, with the

support of our government, had not stood up to the big oil companies we would

still be getting what we have gotten in the past, very little out of this

resource. That is not what we did here, Mr. Speaker, and that is not what the

Premier's vision was here. His vision was to make sure that we get the maximum

benefits for our resources.

Mr. Speaker, I can tell you, to every one of my colleagues here on this side

of the House, we all believe that the days of the giveaway of the resources of

Newfoundland and Labrador are over.

SOME HON. MEMBERS: Hear, hear!

MR. HICKEY: I was particularly pleased this summer, Mr. Speaker, and I

want to commend my colleague, the Minister of Aboriginal Affairs, who played a

very integral role in the negotiation of what we call the New Dawn Agreement

with the Innu Nation, an agreement between the Innu people of Labrador and our

government. This was an exceptional negotiation. It was not easy, and I want to

commend here today in this hon. House, the president of the Innu Nation, Mark

Nui, and the vice-president and grand chief, Peter Penashue, and their

negotiating teams, and to the members of our negotiating team who had many long

hours and much time in discussions about this new agreement.

This agreement is the beginning for the Innu of Labrador, and indeed our

Province. It is an agreement that, I can tell you, many Aboriginal groups across

this country are looking at. I can tell you that it is an agreement that many

Aboriginal groups across this country would like to have when it comes to

playing a key role in benefiting from the resources that are on their lands.

This agreement, Mr. Speaker, resolves key issues related to matters between

the Province and the Innu Nation, certainly surrounding Innu rights. It covers

issues like the Lower Churchill Impact and Benefits Agreement and the Innu

address on the Upper Churchill hydroelectric development.

I was particularly pleased because, out of all of the MHAs here, I am proud

to say that I have the largest Aboriginal population of any MHA in the Province.

On this particular agreement, Mr. Speaker, I was particularly pleased because of

the agreement we made regarding the Upper Churchill.

As we look back through our history, Mr. Speaker, the Upper Churchill - and

certainly I know full well, I grew up there - we saw the flooding of the

Smallwood Reservoir, we saw the trees left in the reservoir, we saw the land in

which many of the Innu hunted and trapped flooded, Mr. Speaker, without any

consultation. Now we are going to be able to see those Elders who hunted,

trapped and travelled on that land, start to get some compensation for the Upper

Churchill. I am particularly pleased about that, and I want to say I look

forward to later on this year when we will see the ratification - hopefully the

positive ratification - of that particular agreement by the 2,300 members of the

Innu Nation, both in the communities of Sheshatshiu and Natuashish.

Mr. Speaker, the Labrador Inuit Land Claims Agreement is another agreement

that I can say our government was proud to sign off with, with the Inuit of

Labrador. I will say here today, we have had a good working relationship with

the new Nunatsiavut Government. It is very important that we deal with the

Nunatsiavut Government as government to government, minister to minister. I hope

that as we move on with the issues that both areas of government need to deal

with, we will see success. I am very happy that is after taking place.

One of the agreements, Mr. Speaker, and certainly one of the strategies that

we put forward and I am very, very proud that our department played a key

role in it - is the Northern Strategic Plan for Labrador. As I have said many

times, this is just not a plan like past plans that were taken, put together and

then placed on a shelf collecting dust. This is a plan that we have put together

that will see some $300 million invested in Labrador. It is a plan to improve

the health and well being of Labrador and Labrador communities. We are starting

to see that, Mr. Speaker.

I can tell you, it is good to see the new long-term health care facility in

Happy Valley-Goose Bay and to see the construction of that particular facility

move forward. I was never so pleased to see the other day that now the outside

work is pretty well almost completed. The work will continue inside over the

winter.

I was never so pleased, Mr. Speaker, to see our College of the North Atlantic

with some $6 million of investment to expand the college there and to provide us

with more space so that Labrador youth can have a good place to go to train so

that we are ready for the development of the resources that is going to happen

in Labrador in the course of the next number of years.

Mr. Speaker, the other one in my district that I would certainly like to talk

about is coming into the final stages of construction, and that is the new

auditorium that is being built attached to Mealy Mountain Collegiate in Happy

Valley-Goose Bay. While many sectors in the Province, Central and different

areas of the Province, have Arts and Culture Centres, Happy Valley-Goose Bay did

not have a home for the arts, and this new auditorium will, without question,

Mr. Speaker, be the home for the Labrador Creative Arts Festival, so that we can

showcase the talent that we have in our culture and heritage and the people of

Labrador.

Mr. Speaker, I would also like to talk about, for a minute, a couple of other

issues that have come certainly to the forefront and a couple of more

initiatives.

I want to commend the Minister of Natural Resources who was recently in

Labrador, along with the Minister of Aboriginal Affairs. We talked about two new

energy initiatives in which we selected Coastal Labrador communities to identify

potential alternative energy sources for isolated communities. The provincial

government, Mr. Speaker, I am proud to say, this government, is spending some

$500,000 to conduct an alternative energy study and an energy efficiency

community pilot project in Coastal Labrador communities. The funding is part of

the $13 million allocated in the Budget in 2008 for implemented key energy plan

initiatives. These initiatives will assist residents and businesses to conserve

energy and better manage their consumption. Both projects are being undertaken

by Newfoundland and Labrador Hydro and will be completed, Mr. Speaker, I am

happy to report, by the end of 2009.

The alternative energy study is being conducted in several Coastal Labrador

communities, Mr. Speaker, Cartwright, Charlottetown, Hopedale, Makkovik, Mary's

Harbour, Nain and Port Hope Simpson. The energy efficiency community pilot

project will explore conservation and efficiency opportunities in two coastal

Labrador communities, communities of Hopedale on the north coast, and Port Hope

Simpson on the south coast. These are great initiatives, Mr. Speaker, because

these are initiatives that will help these communities.

When we talk about the cost of diesel power out on the Coast of Labrador, a

tremendous cost to the people who live there in a harsh climate, a very harsh

climate. So I am really, really pleased that our government, under the

leadership of the Minister of Natural Resources and the Minister of Aboriginal

Affairs, have taken these two initiatives to the forefront.

Mr. Speaker, our government has allocated some $8.2 million for the

construction, repair and assessment of off-reserve Aboriginal housing throughout

the Province. Six million dollars has been invested in off-reserve Aboriginal

housing repair program to be delivered and administered by the Federation of

Newfoundland Indians, the Labrador Metis Nation, the Mi'kmaq First Nations and

the Nunatsiavut government for their members. Off-reserve Aboriginal people

outside these groups may apply to Newfoundland and Labrador Housing for

assistance. This is a great program, Mr. Speaker, and the Nunatsiavut government

has also been provided an extra $2 million for Inuit housing in communities of

Nain, Hopedale, Makkovik, Postville and Rigolet.

One of the programs that the Department of Labrador Affairs - we certainly

manage - is the Air Food-lift Subsidy program, Mr. Speaker. This has been

reviewed by the Department of Indian and Northern Affairs and touted as one of

the best programs throughout the north and throughout the country. The Air Food

Subsidy program, and the expansion of the projects announced, is a result of the

Northern Strategic Plan for Labrador.

In Budget 2008, the Air Food Subsidy program received some $200,000 to

implement new enhancements to the program. Since its inception in 1997, the Air

Food Subsidy program's funding has doubled from $300,000, Mr. Speaker, to some

$600,000 dollars.

MR. SPEAKER (Fitzgerald): Order, please!

I remind the hon. member that his time for speaking has lapsed.

MR. HICKEY: By leave, Mr. Speaker?

MR. SPEAKER: Does the hon. member have leave?

AN HON. MEMBER: Yes.

MR. SPEAKER: The hon. member by leave.

MR. HICKEY: Just to clue up, Mr. Speaker.

The Air Food Subsidy program, Mr. Speaker, the funding will be used to extend

air freight subsidy during the marine shipping season on the North Coast in

communities of Black Tickle, Normans Bay, Williams Harbour. As well, the funding

will enable the provincial government to introduce a full air freight subsidy

for fresh milk to those communities in Coastal Labrador, and a great initiative,

Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. HICKEY: Mr. Speaker, always a great pleasure. I know my time is up

but, rest assured, I have only just started talking about the good things that

our government is doing for the people of Labrador and for this Province.

Always a pleasure, Mr. Speaker, thank you very much.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Before the Chair recognizes the hon. Member for Kilbride,

who I see standing, the Chair would like to respond to a point of privilege that

was raised here in the House of Assembly on November 25, Tuesday past, by the

hon. the Government House Leader.

The Chair has decided to respond to the ruling and the arguments that have

been put forward by members on both sides of the House. I have considered the

points and arguments before me and I have reviewed the issue of privilege that

has been raised, and I am ready now to make a ruling.

Having accepted that a motion was being put forward and heard arguments with

respect to this substantive issue, I am going to proceed and give a decision on

this matter with respect to its substance, notwithstanding some deficiencies in

the forum used by the Government House Leader in making the point.

Marleau and Montpetit supports this at page 126 of the 2000 edition, stating,

"The Speaker would be reluctant to allow a matter as important as a

privilege motion to fail on the grounds of improper form."

Beauchesne, 6 th Edition at 167 states: "The Presiding

Officer, while but a servant of the House, is entitled on all occasions to be

treated with the greatest attention and respect by individual members because

the office embodies the power, dignity and honour of the House itself."

The recent statements by the Leader of the Opposition and the media would

appear to be an affront to this principle and this is a serious issue. I can

well understand why the Government House Leader has raised the matter as a

breach of privilege of this House.

I thank the Government House Leader, I thank the Official Opposition House

Leader, and I thank the Leader of the Third Party for their presentation of

arguments yesterday. Some were very helpful, others somewhat beyond what were

needed to establish or disprove a prima facie case of privilege. Some comments,

such as the implication that the Chair of the Commission was not able to vote,

were simply incorrect.

The issue before me is, in its narrowest sense, to determine if it is a prima

facie case for finding that there has been a breach of the privileges of this

House of Assembly.

Briefly, the facts of the matter are that after a meeting of the Management

Commission of the House of Assembly where the Speaker, as Chair of that

Commission, cast a vote which broke a tie respecting caucus resources. The

Leader of the Opposition made remarks to the media indicating that the process

of the Commission was biased and that the Chair's breaking of the tie was an

indication that the process was biased.

I have examined the news items cited by the Government House Leader, and the

news releases of the Opposition Leader. In the press release, the term Chair is

used and not the term Speaker. I also noted that there was a reference to the

Chair's actions being an attack on democratic principles, and that the Chair's

decision was characterized as being along party lines.

The Telegram story of November 19 stated that the Opposition Leader

stopped short of saying that the Speaker was being partisan. Other media also

reported on this and in doing so have referred to the Speaker when, in fact, the

Leader of the Opposition referred only to the Chair.

With respect to the comments that the process of the Commission was biased, I

would like to point out that this process is one recommended by Chief Justice

Green's report and the Commission structure was approved by all members of

this House, including, I might add, the Leader of the Opposition, when the House

of Assembly Accountability, Integrity and Administration Act was passed

unanimously in June of 2007. Comments indicating that the process was biased

impugn the recommendations made by Chief Justice Green.

In addition, while the voting procedure in the act is not exactly as

recommended by Chief Justice Green's report, clearly the Chair may vote. In

voting with respect to the tie, the Chair was in fact following Chief Justice

Green's report recommendation.

While a challenge to the Speaker's impartiality would be prima facie, a

violation of the privileges of the House with respect to its proceedings or with

respect to proceedings of committees of the House, meetings of the Management

Commission of the House of Assembly are not proceedings of the House; nor is the

Commission a committee of the House of Assembly. The Commission is responsible

for the administration of the House of Assembly and its services.

The same is true of the federal Parliament. Marleau and Montpetit, The

House of Commons Procedure and Practice 2000 Edition, at page 248, states:

All matters of administration and finance are overseen by the Board of Internal

Economy, a statutory body of the Parliament of Canada.

The Management Commission is not created by traditional House procedure and

is not established under our Standing Orders. The Management Commission is a

statutory body created by the House of Assembly Accountability, Integrity and

Administration Act, and, before that act, the Internal Economy Commission Act.

I have reviewed several parliamentary texts on this and consulted other

jurisdictions and there is no support for the premise that the Commission is a

committee of the House. Therefore, Commission meetings are not proceedings of

the House.

The comments made against the Chair of the Commission are certainly

inappropriate and not conducive to the proper conducting of the business of the

Commission, but they are not comments affecting the duties of the Speaker and

the proceedings and works of this House of Assembly. Commission members should

refrain from commenting on the motivations of the Commission Chair in carrying

out his duties, and should treat the Chair with respect. However, the comments

are not in themselves a violation of the privileges of the House and no prima

facie case of privilege ex