MR. SPEAKER:
The hon. the Opposition House Leader.
MR. KELVIN PARSONS:
Thank you, Mr. Speaker.
I entered the private member’s
motion yesterday. I understand protocol dictates we read
it in. It is fairly lengthy, so I will read it quickly,
it being a matter of public record.
WHEREAS
the House of Assembly is the cornerstone of responsible
government in Newfoundland and Labrador; and
WHEREAS
the smooth and proper function of the House of Assembly
is essential to good government, effective legislative
process and an open democratic society; and
WHEREAS
there is a clear, present and pressing need for reform
in the Standing Orders and other rules and conventions
which govern the operations of the House of Assembly;
THEREFORE
BE IT RESOLVED that this House of Assembly
instruct the Standing Orders Committee to recommend
changes to the Standing Orders and other conventions
governing Oral Questions and the legislative process,
and to consider, among other things:
1. Methods of elevating the
decorum of all members to strengthen the dignity and
authority of the House,
2. Examining the convention that
the Minister questioned need not respond,
3. Dedicating one question period
per week exclusively for questions to the Premier,
4. Establishing guidelines for the
advance release of Ministerial Statements and the full
text of Bills to ensure that members have sufficient
time to examine and analyze their content,
5. Strengthening the operations of
Standing and Special Legislative Committees to allow
analysis of Bills with public hearings if required,
6. Prohibiting substantive
amendments to Private Member’s Motions, and
7. Streamlining the introduction
and consideration of Private Members’ Bills.
BE IT
FURTHER RESOLVED that the Standing Orders
Committee reports its findings to the House, with
proposed changes to the Standing Orders and other
conventions, within six months of the adoption of this
order;
AND BE IT
FURTHER RESOLVED that the report be made
public immediately by posting it to the House of
Assembly website on the day that it is received.
Mr. Speaker, as you can see from
the seven items that are enumerated there, there is a
whole pile of suggestions that are being considered. My
role today would not only be to lay out the motion in
general form, make some specific comments regarding some
of the 1 through 7 items that are noted, but my
colleagues, of course, as time permits today - we are
limited in terms of how much time we have - they will
also each be making some comments with regard to these
items and their experiences in the House, and what they
feel needs to be done to have a more productive and
effective system as well.
Mr. Speaker, the House of
Assembly, of course, is the crucial piece to operating
in a democracy. We have a government, of course, which
dictates the policy of the day, the direction of the
day, but the bottom line is when it comes to the passing
of legislation and taking the government policy and
putting it into play, it has to be done legislatively
and that is done here in this House of Assembly. On
occasion, of course, it works quite well. On other
occasions it does not work so good. Sometimes we end up
with a piece of legislation here that is quite
contentious because people do have different policy
considerations, and that is the whole purpose of debate,
of course, is to let each and every person who is in
here, who has a right to speak, to speak on legislation
and voice their concerns. At the end of the day,
democracy unfolds and a vote is taken. That is the
process. There is a good way to make it work. There is a
good way to make it more effective, to make it more
efficient than what we currently – the situation that we
deal in. That is where my comments will be directed
today.
For example, we have come some
ways with changes. We came into televised debates, for
example, some years ago. Back in 2002, I believe it was
first in this Province. I think that has been very
helpful because there is an old saying in the justice
field that justice must not only be done but must be
seen to be done. I think that applies to democracy as
well. Just about every democratic society in the western
world that I know of today have televised debates. We
are certainly there when it comes to that.
Most democratic institutions today
have an elected Speaker, for example, and it is
important. He is the main referee. He is the main cog in
the wheel that we call the House of Assembly here. We
had a Standing Order change back in 1999 I believe was
the actual year, when Premier Tobin was the Premier.
That is when we adopted the new Standing Orders saying
that a Speaker would be elected. At that time it was the
Member for Trinity North, I do believe, or Terra Nova,
Mr. Snow, who became the Speaker. He had been appointed
under the old process. Of course, because he stayed
Speaker for the duration of that government until
October 2003, there was no need to use the new system.
As soon as the government changed in 2003, of course,
this new Administration did in fact use the election
process for the Speaker, and that was good to see. So,
we have had some changes when it comes to the operations
of this place in the last ten years, for example, the
televised piece and the election of the Speaker. So that
is good to see.
We do, of course, have certain
committees of this House. We have committees, for
example, Estimates Committees we call them. That each
year, when there is a Budget process, they take the
various departments that fall into their budgets and
they go off. That is when Opposition members and
government members get to question the ministers and
their officials as to what is in the Budget Estimates.
That is a good process but it is not complete, we would
submit. It is not complete because it is not televised.
There is no reason in the world why Estimates Committees
should not be televised the same as the House of
Assembly is televised. We have the physical apparatus in
place. It is a matter of booking the time to do it.
For those who are out watching,
there is quite a difference between Question Period and
the Estimates process. In Question Period you can ask a
minister a question and you may or may not get an
answer. You might ask it of one minister and someone
else may answer, but at least in Estimates when you can
drill down into the details you get someone to answer,
either the minister does it or if he is not up on every
little piece and detail of his department budgets of
course, estimates, he can defer to whomever his
officials are that he or she has with them to get that
information. So, there is a good exchange but it is not
televised. It is not transparent to the people as to how
that information gets out there. Of course, you are left
to put out press releases or come back to Question
Period and ask questions about it. Whereas we could make
it much more efficient if we would simply televise the
Estimates Committees themselves, but of course, that has
not been done. So that is one suggestion that is being
made.
Probably some of the best
suggestions put forward into how the House procedures
should be revised were put forward by the current
government when they presented their 2003 Blue Book we
call it, the platform for election. Now, the unfortunate
part, Mr. Speaker, is they never followed through. This
very government today, the people who are the
government, who form the government members of this
House of Assembly did not follow through on what they
themselves committed to the people of this Province they
were going to do.
Now, they can stand up today and
tell us all they want about how the system works. They
can say all of that, but the bottom line is they
obviously thought it was not working properly to put it
in their Blue Book, but they changed it. I am going to
quote, Mr. Speaker, from one section of their Blue Book.
Number five, from the 2003 PC Party Blue Book, and it
says - just to give one example. They would set up
legislative committees in key policy areas with the
power to initiate legislation, propose amendments to
government legislation and investigate and report on the
progress of government programs in their policy areas.
It is not done. Put out there by this government as a
good reform for this House of Assembly, not followed
through on.
When I talk about Legislative
Committees - I already referenced the Estimates
Committees. There is a Standing Orders Committee. I am a
member of the Standing Orders Committee, as is the
Speaker. There are a couple of government members on it
as well. We had one meeting last year in June to say
that we would look at maybe doing some revisions. We
have not met since. There has not been a meeting since.
When you check to see, before last
year in 2008, the last meeting of the Standing Orders
Committee took place, no one can tell you, Mr. Speaker.
Nobody can tell you when the last meeting of the
Standing Orders Committee of this House of Assembly took
place beyond last year, in 2008, two years ago. Nobody
can tell you. Now, that is not good enough for a House
of Assembly that is going to consider whether it is or
is not working properly. So, that is why the grounding
of this resolution is let’s look at what changes might
or might not be feasible. If they are, let’s send it off
to the Standing Orders Committee and let the Standing
Orders Committee get into it in depth and come back with
any suggested recommendations that they think we ought
to do to make some improvements.
Now, Mr. Speaker, there are lots
of items here; first of all, the decorum one. This
member is no different than anybody else. We have all
lost our cool in here. We have all said things from time
to time, ashamed to say, but been disrespectful to each
other – but that is not what is supposed to be going on
in the House of Assembly. I do not think any other
Legislature that I have ever watched, except I saw a
clip one time from China, I think, where they got into a
big fist fight in their Legislature in the China
Parliament. I do recall seeing that one, but normally in
Western democracies we work on a different basis, a
different plateau than fist fights in the House of
Assembly; and God forbid that it should ever come to
that.
I know there was one incident of a
physical altercation in the House some years ago, when a
certain person hit somebody, but God forbid if we ever
go back to that. That is not to say that anybody is any
worse than anyone else here or any better than anyone
else, but we all have our faults. We have all been
responsible for causing disruption in here, being
disrespectful from time to time, and unless we are going
to get the public respect for what this institution
demands and requires and change that, we are never going
to get to where we need to go in that regard.
My colleagues will have more to
say about decorum as well, but probably the - in
addition to the Estimates being televised, two major
issues that this member has had are the standing
committees. For example, in the federal House of Commons
they have a standing committee on judicial issues, for
example, or there is a standing committee on fisheries.
So it is quite common that there are legislative
committees. The people who actually run the departments,
the bureaucrats, for example, they are not the policy
drivers when it comes to all this stuff on a federal
level. That is a parliamentary committee that is set up.
You can call whatever officials you want to the standing
committee and have those people input, yes, but one of
the obvious means you do it is by having a committee or
you strike a special committee of the House of Assembly
to consider certain things.
For example, the last all-party
committee we have had in this House, I do believe, was
with the FPI thing back in about 2002, early 2003. The
last all-party committee we had. We had one some years
ago when I first came here, under Minister Efford, who
was the then Minister of Fisheries, on the seal hunt,
and went to Ottawa, and that all-party committee
actually made a presentation to the federal
parliamentary committee on fisheries, a Standing
Committee on Fisheries. So, it does allow you an avenue
to bring your concerns, to get different opinions to
different policy issues and then when you form your
policy at least you have heard from everybody.
The minister, with all due respect
today, the Government House Leader, talked about public
consultation. I think the Leader of the NDP is quite
right. You can put a fine tune on what is public
consultation. When you go out and you invite
stakeholders in and ask them your opinion that is not
public consultation. Yes, it is consultation. It is
asking members of the public, invested stakeholders to
come in and give some input, but it is not always
allowing everybody who might have something to say, just
because you are not a stakeholder of a particular group
does not mean you should not have some input into it.
That is what you would get if you had a public
consultation process when it came to all major pieces of
legislation.
That brings me to my final point
here when it comes to how legislation is presented here.
We all live with the system as it exists, but there are
some serious weaknesses in the system. For example, the
Government House Leader talked about doing thirty-five
pieces of legislation. We dealt, last week, in this
House with three major pieces of legislation and the
Opposition only had a chance to get briefed on them the
day of the actual time the bill was called in this
House, Mr. Speaker. That is not good enough. That is not
good enough when you take something as important as the
Human Rights Code and you are going to make it the Human
Rights Act, and the Opposition Party, who is expected to
get up here and give some proper analysis of it, get a
briefing on it from officials the morning of. We did
that in the case of the Animal Rights Act that we
brought in last week. The day of the presentation in
this House we got a presentation that morning. That is
not good enough. If it is going to let people be
informed so that they can come here and be properly
prepared to give some good conscientious consideration,
debate and discussion to various pieces of legislation.
It is not the most efficient, it is not the most
productive and it is not the best way to act.
We already went through the
process here one December when we took a quick piece of
legislation because the Premier indicated that it was
urgent to do it. We did it, no question about it. We
went to a briefing at 1:00 o’clock and we were in here
by 3:00 o’clock. We repossessed all the properties of
AbitibiBowater. To this day, everybody, including the
government will say we made a little mistake here,
folks. It might be a big mistake before it is all over.
That is where quickness, without proper consideration,
gets you.
Maybe there was a sense of urgency
but to bring that in two hours before you pass such a
massive piece of legislation without giving anybody the
proper opportunity to evaluate it of their own accord,
when you are given it and you are told here is what
officials think and that is why we should do this and
you do not have the opportunity to go do your own
analysis, that is not proper. At the end of the day
because we do not have that efficient system of drafting
and preparing and getting our legislation here with
everybody having input, that is a major weakness in the
system, Mr. Speaker.
My speaking time is up and I will
turn it over now - I guess one of the government members
will have something to say as well.
Thank you.
MR. SPEAKER (Verge):
Order, please!
The Chair recognizes the hon.
Member for Port de Grave.
MR. BUTLER:
Thank you very much, Mr. Speaker.
I just want to take a few minutes
with regard to the private member’s motion that has been
put forward by my hon. colleague with regard to the
various - the resolution that has been put forward with
regard to standing committees and so on within this hon.
House.
Mr. Speaker, I am not going to
read through the private member’s motion that he put
forward, just to make a few comments with regard to
items number four and five. I just want to, I guess, go
into the one where it states, "Establishing guidelines
for the advance release of Ministerial Statements and
the full text of Bills to ensure that members have
sufficient time to examine and analyze their content..."
I have to say, Mr. Speaker, I know
my hon. colleague touched on that, but from a personal
note I know, this session, there was five or six pieces
of legislation that was brought forward that I was
critic for from the Department of Government Services. I
have to say only that the hon. minister and some
officials in his department, from time to time when you
want a briefing on it, they are very cordial in that
way. I guess that is the way you get through it, but if
it was a piece of legislation and the time frame
sometimes you receive them, I have to say that we hardly
have the time to research into it, to get into it and
get the information that we need to be able to debate it
in this hon. House. Mr. Speaker, I believe that is
something that we should consider through this motion.
The other one I want to touch on
is item number five, "Strengthening the operations of
Standing and Special Legislative Committees to allow
analysis of Bills with public hearings if required…" I
want to take this back for a moment to some commitments
that were made in 2003 in what we classify as the Blue
Book, where the government, when they were seeking
election at that time, stated that the House of Assembly
will play a key role in enabling real public dialogue
that will have a genuine influence on government
policies and priorities. They continued by saying that
government will adopt an open legislative process to
allow maximum consultation with groups and individuals
to open forums, particularly through legislative
committees. Also, legislative committees will be able to
call government ministers, senior civil servants and
experts outside government to provide information and
analysis in public sessions so that committee members
and the public can benefit from informed opinions on
specific issues. They also went on to say, Mr. Speaker,
that committees will be expected to meet regularly
outside of St. John’s if needed to provide better access
to the general public.
Mr. Speaker, that is what I am
going to base my few comments on because we all know
that this hon. House received Rebuilding Confidence:
Report of the Review Commission on Constituency
Allowances and Related Matters by the hon. J. Derek
Green, commissioner, dated May 2007. Mr. Speaker, at
that time, he went through some extensive research into
how the House of Assembly operated and the various
issues that transpired at that time.
One of the issues that he did go
into – and I guess this one is very dear to me because
in June 4, 2008, the Public Accounts Committee, through
the Forty-Sixth General Assembly was constituted. I have
to say, Mr. Speaker, some of the context that he had at
that time with regard to the Public Accounts Committee
had to be dealt with because he noticed how there was
very little time when the Public Accounts Committee held
meetings. He went on to say he felt that it was a
political issue and that there should have been more
consultation in meetings with regard to either public
meetings or hearings.
Mr. Speaker, I honestly believe
and the members that are here today - since we formed,
we have had fourteen members, four of the original seven
still remain, and I believe we have made tremendous
strides with regard to the Public Accounts Committee. I
really believe that. We have had fourteen meetings and
quite a bit of work have been done along those lines.
When we listen to the Green report, I do not think we
have gone the full distance of what he is referring to.
Mr. Speaker, I mentioned we have
had fourteen meetings, but we have also had fourteen
members. The hon. members that are on the committee now,
they have met fairly regularly. The last three members
that came on - we have had five meetings and they have
been all in attendance. Some of my hon. colleagues, I am
looking at now, one of them who has been there for the
full duration – two of them, as a matter of fact,
sitting side by side.
I believe, Mr. Speaker, that when
it comes to the Public Accounts Committee and what we
are referring to here, I believe we have to abide by the
rules more and see that those very important committees
within our hon. House of Assembly carry out the work
that we are asked to do. For that very reason, I believe
the work that has been done with regard to the lack of
meetings, the political partisanship taken out of it –
maybe not 100 per cent, maybe not 100 per cent, but I
think we have made great strides - Mr. Speaker, I do
believe that we have to adhere to the request that was
made by Chief Justice Green that we should hold public
hearings or meetings.
I believe once we reach that stage
- and we have meetings coming up now, hopefully, the
middle of July. We have met and reviewed the Auditor
General’s report. As a matter of fact, various
committees have met three times with the Auditor General
and his committee, gone over the issues, and we will be
dealing with those issues.
All I am saying is, I think if we
are going to have a review on the committees, whether it
is a standing committee or special committees of this
hon. House, I think we should take into consideration
what Green said and take it to the fullest; because he
made a comment that, he felt that if the committees
would not work now under the guidelines that he put in
place, he felt that he would have to put equal numbers
on them.
The reason I am saying that, Mr.
Speaker, we bring up some serious issues from time to
time, and I know in one particular meeting a motion was
made that we would bring forward an official in an
enclosed meeting, an in camera meeting, to just check
with that official, but it was turned down. Why, I still
do not understand; because as Chair, I can assure you, I
have no political ambition on this with regard to any
topic that comes forward.
I believe that if we had those
meetings we would not be just writing letters back and
forth – and that is good. When we started, we asked the
various departments for their co-operation. I think
three or four departments wrote back to us and said they
would abide by the rules and regulations, and they have.
We did not hear from the others, but they do correspond
within the timelines that we have.
Mr. Speaker, I believe that the
time has come, and more so now that we are asking for a
review of various issues within our hon. House of
Assembly, that this is another step that we should take
to make sure that the rules are carried out. We have
been very fortunate since we became a Public Accounts
Committee. We have also been blessed –
SOME HON. MEMBERS:
Oh, oh!
MR. SPEAKER:
Order, please!
MR. BUTLER:
We have also been blessed, through
the Speaker and the Management Commission –
SOME HON. MEMBERS:
Oh, oh!
MR. SPEAKER:
Order, please!
I ask members for their
co-operation, please.
MR. BUTLER:
Thank you, Mr. Speaker.
I say since we formed our new
Public Accounts Committee in June 2008 we have had,
through the Speaker and the Management Commission, a
researcher has been provided for the Public Accounts
Committee. That gentleman also did a total review on the
process that is carried out through the Parliament in
Great Britain, in our own country, and the jurisdictions
throughout this country. I think each and every one of
us knows how every jurisdiction operates in our country,
and I think we should go by the same guidelines.
Mr. Speaker, those are the only comments that I have to
make with regard to this. If a total review is done,
hopefully the Public Accounts Committee can be included
in that, so that, even though we have made great
strides, we can take each issue and deal with them on a
non-partisan level so that we can either call in
officials from within the departments – and government
outlines this themselves in the Blue Book, that they
thought this is the way the House of Assembly should
operate, the committees should operate. They knew there
were problems in the past.
I served on the Public Accounts
Committee the second year I was elected. When we were in
government, we had meetings. The Opposition - as a
matter of fact, Ambassador Sullivan was the Chair of the
Public Accounts Committee at that time, and we called in
officials from the various departments and the
Opposition, and the government members - asked the
officials questions. It was not trying to pinpoint
something on a minister; it was trying to come up with
issues to probably correct problems that were within the
department. That has happened from time to time.
There has been occasion in the
past when they went on the road with their meetings so
that they could get the views of the people. When we
talk about public meetings, it is not inviting all the
public in, and that they take part; nobody can have a
part in the meeting. It is just within the confines of
whoever that individual is, called before the committee
to deal with the issues at hand.
Mr. Speaker, with that, those are
the only two comments I am going to touch on. I do
believe the other one with regard to the various bills,
the various pieces of legislation – I know government
cannot get them to you as fast as they would like on
times, whether it is through the printing process or
what have you, but I believe that whoever is in
Opposition – who knows what day the shoe will be on the
other foot - regardless of who is there, I think they
should have adequate time to have legislation put
forward so they can review it in a timely manner.
Mr. Speaker, with those comments,
I will take my place and have someone else speak.
MR. SPEAKER:
The Chair recognizes the hon. the
Member for The Straits & White Bay North.
MR. DEAN:
Thank you, Mr. Speaker.
It is my privilege this afternoon
to be able to stand and take a few moments to speak to
this private member’s resolution on reform of the House
of Assembly that we presented just a short time ago. As
our members have been speaking to specific pieces of
this proposal, then I would as well speak to one or two
of the clauses that are involved in the resolution.
I would be remiss if I did not
speak to decorum, being one of the rookie MHAs, I guess,
in the House for this year - certainly not a rookie
individual but a rookie MHA coming in, in the fall
session, and being involved since then. I believe there
is a lot that is left to be desired in terms of the
decorum of the House of Assembly. You know, there is no
greater witness to that, and no greater confirmation to
that, then to talk to visitors who come to this hon.
House of Assembly to engage and to just evaluate and
take in the proceedings of the House of Assembly. In
particular, as we know, most of them will stay for the
thirty minute Question Period and most often we will see
the visitor galleries empty once Question Period is
over. People I have had the opportunity to speak with
since I have been an MHA - and before, quite frankly,
but more particularly since I became an MHA - about the
decorum and what takes place in the Question Period time
can be described by them quite often in a word, and that
word is horror. It is breathtaking, it is very
disappointing, and it really sets them back to come into
the House of Assembly and see the way that forty-eight
or forty-five or whatever the number might be at that
day, that forty-five members or so of the House of
Assembly engage in debate back and forth across the
floor, so to speak.
We realize that it is something
that needs to be improved. I believe it needs to be
improved tenfold when it comes to decorum. When we
consider this House of Assembly today, we have five
members who sit in Opposition: four in the Official
Opposition, and we have the Leader of the NDP. We sit
with forty-three members and we have nine or ten of
those, or whatever the number is, that sit right
immediately adjacent to our seating arrangement. We have
no problem with that; we welcome them and do not have an
issue with that at all, but, as you can appreciate, in
any crowd - you stand in a crowd - whether it is at a
function of some sort, or a meeting and so on, if you
have forty-plus people speaking while you are trying to
speak then the noise level becomes quite disturbing. It
becomes very interrupting. That is the case that I find,
as a new MHA, coming into this House of Assembly.
I have never seen it before. I
have been in many arenas in my life, so to speak; I have
spoken a lot in my day. I have been in a lot of
different settings, but I have never been in a setting
where, when you stand and speak, no one listens to you.
Not only do they not listen to you, but they all talk
and so on while you are speaking. That is the House of
Assembly, ladies and gentlemen. You experience it, I
experience it, and we do it to each other every time we
stand.
I could point out three or four
people in this House who regularly listen very
attentively to what goes on, but other than that, the
rest of us - and I say us because it is not a matter of
finger pointing it is a matter of pointing out the
process, that when we stand everyone else is on a
BlackBerry, as my good friend is here right now, or they
are reading a newspaper, or they are reading a clip or
they are just having a good old chat. That is the
process, so to speak. That is just the way it goes in
the House of Assembly. It is very normal for the House
but it is not a very normal process is what I am saying.
It is just what we do. We all do it.
As our own members speak, as
Opposition members speak, as government members speak,
we all kind of do it back and forth. It is just the way
it is, and very innocent. Quite frankly, the speaking in
particular more so than the other things, but the noise
level that is generated really adds nothing to the
deliberation and the outcome of what is being said at
that point in time. I guess, basically, the bottom line
is it is time to be respectful of each other as Members
of the House of Assembly. We have all come to represent
our constituents. We have all been sent by the
electorate. We have all been sent for the same purpose.
Even though we hold different positions, and most are on
the government side, the minority is not on the
government side, and some are Cabinet ministers and so
on. There is a respect that comes with that position as
well, and we recognize that. Yet, we are all here as
MHAs and we have the same rights when it comes to coming
into the House of Assembly. So we should be able to give
the same to each other in terms of decorum, and we
should be able to respect and return the same to the
others as well.
Another part of the motion this
afternoon speaks to number 2, "Examining the convention
that the Minister questioned need not respond". What I
find quite interesting when we come to Question Period,
and the government members who have been involved in
Opposition would know that preparing for Question Period
takes time. I know for our own selves just being a small
caucus, we spend a lot of time in preparation, along
with our research people, in getting ready for the House
of Assembly every day. We want to come and we want to
question the government on issues that are important to
the people of this Province. It is not just for the sake
of trying to embarrass the government, or to expose a
weakness or whatever the case might be, but it is to
hold government accountable. Obviously, that is the main
purpose, if you will.
Question Period is one of the main
ways or one of the key ways that we can, as an
Opposition, hold the government accountable by asking
them questions. It is recognized as one of the most
exciting pieces. As I said, it is the one that visitors
want to sit through. It is one that they enjoy to sit
and listen to the debate and the exchange between
government and Opposition in Question Period. It is
often the focus of media coverage as well. Very often it
is where the scrums are generated from. It is what we
see in the newspaper the next day. It is what we see on
television that evening and so on. It is all a
reflection of what took place during the Question
Period.
What I find interesting about
Question Period is that we ask very important questions
- and in preparing for today I have taken time to go
back and read Hansard in several days over the past
eight or ten weeks that we have been here, and I have
looked at some of the answers. I thought I would bring
some of them in but I did not do that. I chose not to do
that, but I looked at some of the questions that I have
asked myself to ministers, and I have four portfolios
that I am the critic for. While there have not been a
lot of questions to some of them, others there have been
more, and I have had the opportunity to offer questions
to portfolios that I do not directly critique. Yet, to
listen to some of the responses that we get back in
terms of the questions that we put forward.
The questions, even though there
is a preamble to them, typically the question is fairly
straightforward. Mr. Minister, Ms Minister, whatever the
case might be: Can you tell me why, or can you tell me
how, or can you update us? The responses that come back
in Hansard, it is almost like reading a cartoon. It is
so evasive at times and it is so off the question.
Again, that is just the process. That is allowed. Some
ministers, quite frankly, are very, very good at it. It
is hard in itself - and one in particular, that I will
not look at and will not mention, of course, which would
not be appropriate, does an excellent job of not
answering a question. I guess they have just learned how
to do that along the way.
That is just one of the pieces
that I have noticed in terms of Question Period, and as
this private member’s motion calls for reform, it calls
for it at a time when there is, I believe, a broader
concern about the decline in public opinion of the House
of Assembly, in the decline of how people feel about us
as members and what we do in the House and the real
productivity that is here and so on. The most obvious
place or gauge that we have to understand how the public
feels about the whole process is at election time. We
know that the numbers at election time, the percentages
are way down. There was a time when 70 per cent or 80
per cent would get out and vote, and it drops to 60 per
cent. As we look at the by-elections that we have had
throughout this year, we know that voter response is
very, very low. Sometimes that is a reflection of just
the attitude of voters towards the process of the House
of Assembly and so on. So, Mr. Speaker, these are just a
couple of things.
One last thing I would like to
mention is on number 4, "Establishing guidelines for the
advance release of Ministerial Statements and the full
text of Bills…" My hon. Member for Burgeo & La Poile
mentioned the bills in his presentation and the fact
that the scheduling of second readings, committee stage
and third readings and so on and the minimum time frame
does not always allow for the proper type of research
for us as MHAs to be able to just debate the bills and
to understand the bills, to listen to what is said in
the second reading and to be able to take it into
committee stage. When it comes kind of bang, bang, one
behind the other, it does not allow necessarily for the
type of consultation and debate that we would like to
do.
Also, something as simple as a
ministerial statement; again, I get them everyday and I
am sure I will get another ministerial statement
tomorrow. I am looking forward to it. We are trying to
set a record here in the House of Assembly for the
number of ministerial statements. Well, most of them are
fluff, we know that, but sometimes there is good stuff
said in ministerial statements though. There are
significant announcements made there, if you will, and
things that are important to the running of the Province
and the programs that government offers and so on. We do
not get that ministerial statement until thirty minutes
before we come to the House of Assembly for our session
to begin. Like clockwork, at 1:00 o’clock the door opens
in the Opposition room and in walks the gentleman with
our ministerial statements. Very dependable, I might
say, never late, but yet never early.
Thirty minutes to read that
statement and to understand the different pieces that
are being covered in that statement, and then to be able
to respond in a practical and sensible fashion – it is
not about coming in and discrediting the statements that
have been made by the minister, but it is an opportunity
to speak to that statement. It is an opportunity to
encourage what is in the statement, but it is also an
opportunity to really challenge when challenge is
necessary as at oftentimes there is. Again, that is our
job to do that. To be given it thirty minutes before,
really speaks to – it is not a big issue, but it is one
that is on our Order Paper every day. We know that one,
two or three ministers will stand and they will give a
statement about things that are going on in their
departments. I would encourage that if the statement is
important enough to give, then it should be important
enough to give in an advance time that allows me, allows
another MHA, whoever is responding to that statement, it
gives them time to have it, to read it, to digest it, to
prepare a proper response, and to come in and really
share in that statement, because that statement is meant
to be a good news story, and typically, that is the way
it is presented. So we would like to be able to come and
respond and share our thoughts as well about that good
news piece.
So, Mr. Speaker, those are the
things that I would refer to in this private member’s
motion. It is great to be able to present it in the
House of Assembly this afternoon, and I thank you this
afternoon, and I thank you for this time to be able to
present my own thoughts, thank you.
MR. SPEAKER:
Order, please!
The Chair recognizes the hon. the
Minister of Business.
SOME HON. MEMBERS:
Hear, hear!
MR. WISEMAN:
Thank you, Mr. Speaker.
You know, I have been in this
House for ten years now. I celebrated my tenth
anniversary in April.
SOME HON. MEMBERS:
Hear, hear!
MR. WISEMAN:
And during that period, I have seen a lot of interesting
things happen in this House, and a lot of good debate, a
lot of good, intelligent discussion, but I have seen a
lot of politics being played as well in the last ten
years, and I have to say, Mr. Speaker, this tops the
bill. This tops it all. What we are hearing today is
members opposite I think trying to, at the end of a
session, trying to pretend that this is the most
significant thing to all of the people in Newfoundland
and Labrador today, is reform of the House of Assembly
and how we function. They have been a bit cute about it
too, Mr. Speaker, because if you watch the House of
Assembly, and for those of us who sit here day after
day, would recognize that the Opposition has been
somewhat flat in the last week or two. They have not
gotten much press coverage, they have been criticized
for their lack of leadership, not being able to present
an appropriate alternative to government, which is what
opposition parties do, Mr. Speaker, what opposition
parties do.
So they want this session to end,
and when they wake up tomorrow morning, they want the
tail end of The Telegram or the evening news to
record that the Opposition is trying to reform the House
of Assembly. That is how they want the headlines to
read, Mr. Speaker, not that they had a terrible session,
not that this government has brought in some very
progressive legislation that was debated in this House
and will benefit the people of Newfoundland and
Labrador. That is not the headline they are looking for.
They want to be seen here as actually trying to lead
political reform in the House of Assembly, and they are
being a bit cute about it, Mr. Speaker. That is the
interesting thing, and that is how politics gets played
by the Opposition in this House day after day. We just
listened to the Member for The Straits & White Bay North
get up in his innocence and talk about decorum and a
poor victim of what happens in this House, but members
opposite have forgotten; four or five short weeks ago
that same member, because he was challenging the
Speaker, because he criticized a member of this House by
saying he was dishonest and would not withdraw the
comment - because the rules of order say very clearly,
Mr. Speaker, the rules of order are clear about this,
you cannot be defaming an individual in the House of
Assembly. He accused a member of this House of being
dishonest, then refused to apologize and left the
Speaker with no choice but to actually expel him from
the House. He stands here today all mighty and says
decorum in here is terrible and how we are victims of
that terrible government over there who exercise the
sense of numbers to overpower us, we are mere victims
over here, innocent people and would not ever say
anything or do anything against the Speaker’s ruling,
Mr. Speaker. That is the hypocrite in the member
opposite coming out.
I say, Mr. Speaker, the second
speaker that stood and spoke made a reference to the
Member for Port de Grave. He stood in this House today,
held up this motion and said I will bring your attention
to number four for establishing guidelines for the
advanced release of Ministerial Statements. The same
member stood today in the House of Assembly and said I
thank the member opposite for giving me an advance copy
of the statement, Mr. Speaker.
If you look at the statements made
by members opposite this is pretty hypocritical. I say,
Mr. Speaker, when you look at the motion itself and ask
yourself what is the motivation behind this, is there
much substance to this. If the members opposite want to
have better answers to questions maybe they should send
the questions over before they come to the House. That
is an idea. If you want good answers – you heard the
Leader of the Opposition stand today and ask the
Minister of Health a finite question about the
expenditures on action two years ago, in a $2.6 billion
budget what about a company that billed someone for
action back in 2008. Do you know the answer to the
question? What a ludicrous question to ask the Minister
of Health about a $2.8 million budget about what might
be a $500 or $600 invoice sent to Eastern Health three
years ago, or two years ago.
If you want quality questions, or
quality answers, have some quality questions. One of the
ways might be to, in fact, advance the questions to us
in an advance of Question Period. Mr. Speaker, I am not
standing here today as a member of government,
government does not own this House of Assembly. We are
all members of the House of Assembly and the House of
Assembly is governed by committee structure. You have a
Management Committee and ironically, Mr. Speaker, we
have a Committee of Standing Orders. It is interesting
because the Opposition House Leader, who introduced this
motion today, is a member of that Committee. He sits on
that Committee, Mr. Speaker, together with I think it is
four other people.
He made reference today to the
last meeting being back in 2008 and as I understand it,
it was the first part of June of 2008. During that
meeting the members present and those that were not
present as I understand it were given a binder
documentation, a jurisdictional scan of how other
legislatures work and how other legislatures function
and members in that committee were asked to take this
document, read it, digest it, understand how
jurisdictions work and have a look at what other changes
might be made in this Legislature here. How might we do
things different in this Legislature. So there is a
process already in place, Mr. Speaker, and the member
opposite who made this motion participates in it. My
question to him is rather than come into the House today
and ask us to vote on a motion that says we call upon
the committee for Standing Orders to do such and such
and do this and this, I say to him why don’t he do his
job? He is a member of that committee. As members of
this Legislature and I am one of them, have charged five
of my colleagues in this House to be members of a
committee. We all have that. All of us in this House are
represented by five members who we appoint to a
committee and say, you do the research, have a look at
how legislatures function. Find out what is the best
practice. Examine what we do here, is there something we
can do differently. How might we improve how the
Legislature works and bring back to this body here, this
whole Legislature a series of recommendations. The
member opposite has not done that, as a sitting member
of that committee he is not said, listen people we
should get together and have a look at this. He has not
reported to this House that I have examined the material
that I was given and here is my commentary, here is my
understanding of it and here are the suggestions that I
am making. He did not do that through the committee
process, which is the Standing Orders lay out how this
Assembly functions. So if members opposite want
amendments to how the Standing Orders actually direct
the activities and govern how we function here my
comment is clear, follow the existing Standing Orders
before you start talking about changing them to improve
them. Members opposite are not even living up to the
Standing Orders that exist. One of them is, lays out a
mechanism to bring about change in this Legislature and
how the Legislature functions. So you cannot be
hypocritical.
The Standing Orders that we are
now currently working with were established in 1951.
They were amended, I understand, in 1999. If you look at
the document it notes when amendments were made and 1999
appears here and the last one was 2005. So in March of
2005 this same standing committee made a series of
recommendations and brought them forward to this House
and this House endorsed them.
What is interesting, Mr. Speaker:
today the Opposition House Leader is anxious and wants
to present himself as interested in reforming the
Legislature, but back in 2005 when the Standing
Committee brought forward a series of recommendations,
the Government House Leader of the day stood and spoke
to the suggestions, spoke to the proposed changes and
endorsed them and made comment on them. The Leader of
the NDP at that time, Mr. Harris, stood and he commented
on them.
Mr. Speaker, the interesting thing
was: every single member of the Liberal Party who sat in
the House at that time in 2005 had an opportunity to
stand and provide commentary on the proposed amendments
at that time. They did not have enough interest to do
so. Not one of them stood to speak. They were not
interested in what was going on in the House of Assembly
at that time; they were not interested in bringing about
legislative change in the Orders of the Day, making
changes in the rules of order of this Assembly, Mr.
Speaker – not at all.
The members opposite stood this
week and talked about decorum and who has responsibility
for decorum. So if you look at the Standing Orders now,
it talks about the Speaker shall preserve order and
decorum and shall decide questions of order. In my ten
years, it has only been the second time that I saw a
point of privilege raised in this Assembly and it
happened in this session. We saw the Leader of the
Opposition stand in this House and defiantly – defiantly
– challenge the role of the Speaker, challenge the
ruling of the Speaker. It was that person, Mr. Speaker,
who exhibited a behaviour that challenged the integrity
of the Speaker, undermined the decorum that takes place
in this House.
So I say, Mr. Speaker, in this
session we have had one member of the Liberal Party
expelled because of his behaviour, we had the Leader of
the Opposition party stand and apologize for taking –
basically taking the House on her back, trying to
challenge the Speaker who is responsible for decorum.
Then they have the audacity to stand in this House today
and try to suggest that they are innocent, they are
angels, and there is a problem in this House and they
have been victimized by that.
Mr. Speaker, I am not naïve enough
to try – and no one on this side of the House, I
suspect, Mr. Speaker, will stand in this House and
defend some of the things that may go on in here. We all
have an interest as legislators in this House – we all
have an interest in improving the decorum that is here,
but there is a process in place, Mr. Speaker. We have a
committee process in place. Let that committee do their
job. Let that committee do their job, Mr. Speaker.
SOME HON. MEMBERS:
Hear, hear!
MR. WISEMAN:
The member who made this motion, who
introduced this motion, let him live up to his
responsibility to all forty-eight of us in here because
he is on a committee that has the role and
responsibility to bring forward recommendations to
improve how this House functions. He has not done his
job, and he is trying to stand here today on the closing
days of this legislature trying to look like he is going
to deliver us from evil, and he is going to actually
introduce some decorum in this House, and without his
intervention, without his intervention, this House would
continue to be an unruly place and they would be victims
of that unrule, Mr. Speaker.
So I say, there is a lot of
opportunity for change. There is a lot of opportunity to
improve what takes place in this House, and I think when
we look at all these suggested changes, and many more
that we could all add. Every single one of us in this
House could come up with a list of a half a dozen things
that we think, if changed, would improve how this House
functions. So no one is saying that the status quo
should stay. No one is defending what we do. All we are
saying is let a standing committee of this House do its
work, and if you are a member of that committee – if you
are one of those five, live up to your responsibility to
be a member of that committee, a functioning member of
that committee. If you do not think the committee is
actually functioning well, you, as a member of that
committee, have a responsibility to call upon the Chair,
who happens to be the Speaker of the House, to call upon
the Chair to convene a meeting of that committee, and
let’s get on with the task at hand. Let’s bring about
the necessary reform in this House that will improve how
we do our work, improve the work that we do on behalf of
the people of Newfoundland and Labrador, but let’s do it
in the context of the already established rules of
order. If you are going to preach the need for change,
and preach the notion of having rules of order, then be
prepared to live within them, be prepared to live by
them, and we will not witness the spectacle that we have
seen this session by having members opposite being
expelled for their behaviour, having leaders of a
political party having to stand in this House and
apologize for their insulting behaviour and their
direction and insults to the Speaker, and to challenge
and undermine the integrity of this House.
So I say, Mr. Speaker, I
appreciate, as a member of this legislature, not as a
member of a political party or a government, but as a
member of this legislature, having the opportunity to
make those comments about the need for change in this
House, yes, but let’s comply with and use the already
established mechanism to it. Do not stand for the
closing days of a session and try to make cheap
political gain by suggesting that government has somehow
or other, has now made this House dysfunctional, and you
are about to save it, and you are the only one who can
do it, Mr. Speaker. Do not be that hypocritical, let us
live within the already established rules.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
Order, please!
The Chair recognizes the hon. the
Leader of the Opposition.
MS JONES:
Thank you, Mr. Speaker.
I have heard a lot of tripe in the
fifteen years I have been in this House of Assembly, but
I have rarely heard it, Mr. Speaker, as clearly as I
have today. You want to talk about cheap politics; we
will talk about cheap politics, Mr. Speaker. It comes
from a government who tells people what they want to
hear when they are knocking on doors and do something
completely different after. That is what the Williams’
government did in 2003, Mr. Speaker, when they went out
and told people in this Province, on Web sites and in
Blue Books, how they were going to reform the
Legislature of Newfoundland and Labrador to do the very
things that we present in a private member’s motion here
today and what happens, Mr. Speaker? You get the
spokesperson for Trust Magazine on the other side
of the House of Assembly stand up in here giving
up a litany and a speech, Mr. Speaker, on politics, the
very member, Mr. Speaker, who sat in caucus and plotted
to join another caucus. There is openness and
transparency for you I say to the hon. members. That is
the spokesperson for the government today, Mr. Speaker,
on trust us in how we do our jobs. Mr. Speaker, I for
one will not forget that this is a government that is
not poised on openness and transparency. In fact, it is
very opposite, Mr. Speaker.
They are a government who tell
people what they want to hear. They are a government who
will convince them that they are going to do something
when that is what people want them to do, but they do
the very opposite, Mr. Speaker.
You want to talk about hypocrisy,
we will talk about hypocrisy because I have never seen
it more blatant, more evident, Mr. Speaker, on any
government in my life than I do every day when I sit in
this House and look across the floor, Mr. Speaker, I see
hypocrisy, I say to the Member for Trinity North and I
listen to it, listen to it every day.
In 2003, Mr. Speaker, this
government opposite went out and told the people of the
Province that our aim is to create a system of
government in which power is shared with the Legislature
and the people instead of being concentrated in the
office of the Premier and the Cabinet. Now, isn’t that
something, Mr. Speaker. Here today, you cannot get a
private member’s motion through the House of Assembly
unless they shred the guts of out it and change the
whereases and there fore’s and come in because, Mr.
Speaker, they do not have the guts to stand on their own
two feet and debate the motion that Opposition brings
forward. They do not have the guts to do that. They come
in and they shred it. They take it apart and they put in
a wishy-washy clause that asks the government to do
absolutely nothing only reach behind my head and pat
myself on the pat for a great job that I am doing. That
is what we have seen, Mr. Speaker. That is what we have
seen.
The Williams’ government, Mr.
Speaker, in 2003, in the PC Party Blue Book says,
"Setting up legislative committees in key policy areas
with the power to initiate legislation, propose
amendments to government legislation, and investigate
and report on the progress of government programs in
their policy areas."
The Leader of the NDP got up today
and asked questions on it, and nearly got her head
lobbed off in the House of Assembly, Mr. Speaker, for
dare suggesting such a thing as openness and public
consultation and review. My, my, my but in 2003 that was
their commitment to the people of the Province. That was
where they were going to govern. That was how they were
going to do the business of the people of this House.
Mr. Speaker, in the other sections
they talked about in their Blue Book, 2003 PC Party Blue
Book. We are going to: "Ask the legislature to adopt
family friendly election timetables and work schedules…"
Well 2:00 o’clock the other morning, Mr. Speaker, when I
was standing in my place in this House debating a very
important piece of legislation that I was briefed on
only that morning, Mr. Speaker, I tell you I felt like I
was in the family friendly situation, oh yes. But, Mr.
Speaker, whose family is up until 2:00 a.m. in the
morning waiting for the Legislature to close. That is
the kind of commitments they made. We are going to make
it family friendly. Then they keep you here debating
bills 12:00, 1:00, 2:00, 3:00 o’clock in the morning, if
you want to have your say, Mr. Speaker. If you do not
stay and have your say you do not get to have your say.
You do not get to have your say. That is how it works.
They want to do this family
friendly session, Mr. Speaker, the Blue Book says: "…so
that Members can combine their work more easily with
family and childcare responsibilities." Yes I can tell
you doing homework at 3:00 o’clock in the morning with
your five-year-old, Mr. Speaker, has to be tough, has to
be tough.
Mr. Speaker, under a Progressive
Conservative government, the House of Assembly will play
a key role in enabling public dialogue. We talked about
consultation today, having an opportunity to have bills
to consult with people, to get their feedback. We just
passed three pieces of legislation in this House of
Assembly last week in which the Opposition were given
the bills, Mr. Speaker, only hours or days I should say
before it was debated. We had the briefings hours before
it was debated on the floor of the House and now we have
people out there in the Province today who did not
realize these bills were going through. Did not realize
what was in them and now they want to see amendments,
all three bills right now that people are asking for
amendments in because the time did not permit for anyone
to have a dialogue with the public but yet, Mr. Speaker,
the PC government Blue Book in 2003 said that they will
play a key role in engaging and enabling public dialogue
that will have a genuine influence on these policies.
They said the Progressive Conservative government "will
adopt an open legislative process to allow maximum
consultation with groups and individuals in open forums,
particularly through legislative committees."
Now, Mr. Speaker, what a joke that
is. You have a Public Accounts Committee in this
Province and you cannot get the government members on
the Public Accounts Committee to even get enough
backbone to vote to get one bureaucrat from a department
to come in and sit before the committee to ask a few
questions. Mr. Speaker, how weak is that? How weak is a
government that is afraid – their own members are afraid
to call in the very bureaucrats who work for them in the
departments and ask them a few questions? I have never
seen it so weak in my life, Mr. Speaker – never.
The government goes on in their
Blue Book – the Williams government from 2003 – saying
legislative committees will be able to call government
ministers, senior civil servants and experts outside of
government to provide" public "information and analysis
in public sessions so that committee members and the
public can benefit from informed opinion and specific
issues." Well, no one told the members of the PC caucus
on the Public Accounts Committee that this was the new
belief of the PC government. The committee will not call
a minister, they will not call a bureaucrat, they will
not hold a public session – it is the Public Accounts
Committee.
You are dealing with the
expenditure of the people of this Province and they do
not have enough backbone, they do not have enough guts,
Mr. Speaker, to actually hold a public session. That is
how weak the caucus members on that Public Accounts
Committee are. They cannot go in there and sit there and
hold their head up high and say: We have a job to do; we
have signed on to do this job, Mr. Speaker –
MR. SPEAKER:
Order, please!
The hon. the Government House
Leader.
MS BURKE:
A point of order, Mr. Speaker.
Earlier, as the Opposition Leader
was speaking, she used the words, ‘has not got the guts"
- and used it again. I just want to draw your attention
to section 489 of Beauchesne, where –
SOME HON. MEMBERS:
Oh, oh!
MR. SPEAKER:
Order, please!
MS BURKE:
– it certainly indicates that the expression, ‘has not
got the guts" is considered unparliamentary. Mr.
Speaker, we would like to have that withdrawn, please.
MR. SPEAKER:
Okay, given that the Speaker
certainly not been in this position before and my short
tenure as a Speaker, I will just have a talk with the
Table Officers and get some direction, please.
Order, please!
On consultation with the Table
Officers and referring to Beauchesne, section
489, the phrase "does not have the guts" has been ruled
unparliamentary in the past, and as such I would ask the
hon. the Leader of the Opposition if she would withdraw
the comment.
The hon. the Leader of the
Opposition.
MS JONES:
Thank you, Mr. Speaker.
I withdraw the comment "guts". I
think the correct parliamentary language is "intestinal
fortitude" and I will use that in substitution. What we
have not seen is the intestinal fortitude, Mr. Speaker,
of the members on the other side of the House to do the
jobs that they are entrusted with. That is the problem,
Mr. Speaker. That is the entire problem here.
They sit on the Public Accounts
Committee dealing with the taxpayers’ money of this
Province and they are afraid to hold a hearing, they are
afraid to hold a public session, and they are afraid to
call anybody in. Mr. Speaker, that was the commitment
that they made to the people of this Province when they
were getting elected in 2003 – told people what they
wanted them to hear, pledged to them what they wanted
people to believe and did the exact opposite, Mr.
Speaker. That is what they have done: the exact
opposite.
Today we are in this House of
Assembly and we are asking for the opportunity to look
at the rules, Mr. Speaker, so that we can strengthen the
operations of our Standing and Special Legislative
Committees. We want those committees to be able to do
hearings, to be able to analyze bills, to be able to
take information to the public. That is the role of
Parliaments; that is the role of Parliaments all across
Canada, Mr. Speaker. We should not be restricted in our
ability to do our jobs as MHAs.
The House of Assembly is not about
the government. The House of Assembly, Mr. Speaker, is a
place in which the government plays a role. Mr. Speaker,
we do not operate in the presidential system; we have a
Premier who leads the government of a party who gets a
majority in this Province. That is how it works.
Individual MHAs control the House of Assembly and under
our Standing Orders those MHAs do not have the ability
today to bring forward private member’s bills to this
House, something that is done in the House of Commons,
bills that we could put forward.
We just saw the MP, Scott Andrews;
bring forward a bill in the federal parliament on the
Bagby bill. We saw Siobhan Coady, another member here in
St. John’s; bring forward a bill last year, Mr. Speaker,
representing an issue from this Province, bills that are
going through the House of Commons. As individual MHAs
in this House you either be in Opposition or a
cheerleader of the government, Mr. Speaker. You have no
power to bring forward your own bills, your own ideas,
your own way of thinking in terms of encouraging, Mr.
Speaker, changes within the House.
In addition to that, Mr. Speaker,
we think that there should be more guidelines
established around private member’s motions. Right now,
in this House of Assembly, the Opposition brings forward
private member’s motions because we believe in them. We
are prepared, defend them and to represent that issue,
but, Mr. Speaker, the government opposite are not
prepared to stand on either side of it and what do they
do? They bring forward amendments that shred the entire
private member’s motion, that actually ask that they do
nothing other than compliment themselves.
I have a whole list of private
member’s bills here that we have brought forward in this
House of Assembly that were legitimate issues that we
believed in, that we supported, and that we as
individual MHAs should have the prerogative in our own
Legislature to bring forward, and every other MHA should
have the prerogative to have their own views and
opinions instead of just being a cheerleader on the
other side, Mr. Speaker, for the government when they
have those motions to ensure that it is something that
they can vote against without becoming unscathed, Mr.
Speaker. That is what they do, they bring in amendments
so that it asks them to do nothing or it compliments
themselves as opposed to standing up and having the
intestinal fortitude, I say to the Government House
Leader, to express your own opinion and tell us exactly
how you feel about it.
Mr. Speaker, there is a definite
need for change in this House of Assembly, a change in a
way that we do business here, a change that allows every
individual MHA to be able to stand on their own feet,
propose their own bills and make substantial change in
this House of Assembly, not merely be a player and be
dictated to in how we do our jobs.
Thank you, Mr. Speaker.
MR. SPEAKER:
The Chair recognizes the hon. the
Member for Signal Hill-Quidi Vidi.
MS MICHAEL:
Thank you very much, Mr. Speaker.
I am quite pleased to stand today
and speak to this motion which has been brought to the
House on this Private Members’ Day by the Opposition
House Leader.
I am happy to do so because there
are many things in this motion that I have been talking
about, both in this House and publicly with regard to
things that I think need to be done in this House to
have it run as democratically as possible. I would like
to say to the minister who has stood in this House and
who has spoken about what we are doing here today and
calling it politics and I think he is calling it out to
me now on the floor as well, he can say what he wants,
Mr. Speaker, and I maybe be naïve when I say when I have
this hope that we all believe in democracy and I do not
think that what we do in this House sometimes is truly
democratic and I am going to stand and say it and he can
say what he wants about it. He can say that it is being
political. You know I am realistic to know that I am not
going to be the next Premier of this Province, so there
is not much politics in my standing here and calling for
a democratic process so I put that out to the minister
who is no longer sitting in his seat but he will know
that I said it.
SOME HON. MEMBERS:
Oh, oh!
MS MICHAEL:
He maybe in the House, I just said he
was not in his seat. I just said he was not in his seat,
I am allowed to say that.
Anyway, Mr. Speaker, I will go on,
Mr. Speaker, sorry for making reference to the minister
not being in his seat. I have just taken it back, I just
took it back.
Mr. Speaker, I want to speak
specifically, there are two things I want to speak to,
the main one I want to speak to is the issue that I
brought up today in Question Period because it is
something that I feel so strongly about. I have been
talking about it publicly; I have talked about it to the
media. I have raised it in debates here in this House
and I brought questions today in the House. I have not
brought questions on the issue before about our
structure in the House. I have not brought questions
before with regard to the committee structure and the
main reason being because there are so many important
issues that we have to bring and I only get four minutes
in Question Period a day so I am very careful about the
questions I ask. I want them to be questions that are
very important to the people of this Province. Since the
motion for today was a motion about how the House is
structured and how we do our work here in the House and
because of the reaction that we have had in the past
week or so and it has been referred to by the Leader of
the Opposition, with people in the public not being
happy about some legislation that we have passed here in
the House and they do not feel that they have had
adequate consultation I thought it was legitimate for me
today to bring my questions to the minister, to the
Premier, with regard to the committee structure in this
House.
Now, I have heard the Member for
Trinity North say earlier that the Standing Orders were
reviewed in 2005, and indeed they were, and we know that
on the cover of our Standing Orders it says that they
were reviewed in 2005. I have also heard the member say
that the then Leader of the NDP, and the then Member for
Signal Hill-Quidi Vidi stood and spoke to this, and he
did not have problems. Well you know what, Mr. Speaker,
if I had been here in 2005 and I had seen these Standing
Orders, I would not have either, because these Standing
Orders have a tremendous section in it on the whole
thing of how this House should deal with public bills.
It has a whole section on it, sections 78-89 of our
Standing Orders are about public bills, section 78-89
connects committees that deal with public bills to the
committees that get set up in section 65, which are the
committees that get set up at the time of Estimates, for
us to meet with departments and question the budget of
departments.
So the spirit of our Standing
Orders, Mr. Speaker, is that those committees that get
set up at Estimates time – that get set up, actually at
the beginning of a session, that the committees that get
set up at the beginning of a session, which are
legislative committees which have all three parties on
them, that those committees then get referred to in
Standing Orders 78-89 as the committees to which the
Government House Leader may direct the Law Clerk to
refer to one of the standing committees when we have
draft public bills. That these are the committees that
legislation, proposed legislation can be directed, and
can be directed to, not just for the committees
themselves to have a discussion, but the committees have
the power to bring in witnesses. The committees have the
power to bring in people from outside of government to
come in and to bring evidence, to bring information to
the committee, so that the discussion that is going on
is a discussion that has different points of view
brought in for the committee to discuss. Then, I would
suggest, for the committee then to make recommendations
to the House and to the government about how the piece
of legislation should go.
This is the spirit of our Standing
Orders, Mr. Speaker, and if the former Leader of the
NDP, and the former Member for Signal Hill-Quidi Vidi,
stood here and approved these Standing Orders, it is
because there were things in it that he thought were
going to happen. I remember when I first came into the
House in 2006 after my by-election, the by-election that
I won. When I first came into the House and I started
getting oriented, one of the first things I did was sit
down and read the Standing Orders. When I did that, Mr.
Speaker, I highlighted parts of the Standing Orders that
really stood out to me. Anybody who wants to look at my
copy can see.
What have I highlighted? I have
highlighted all kinds of sections under the committee
structure because it struck me – is this not wonderful?
Then I found out that we do not have an operative
committee structure when it comes to legislation, Mr.
Speaker – when it comes to legislation – that the
process of how we deal with legislation through the
public bills that come to us is weak and it is flawed.
Everything is in the control of the government,
everything is in the control of the departments of
government, and the consultation that takes place – when
consultation takes place – is prior to the legislation
being drafted, and when the legislation is drafted it
comes here to this House sometimes the day before we
even discuss it.
So, Mr. Speaker, having operating
committees like they have in every other provincial
legislation in the country, like they have in Ottawa,
that is the way to go. We really want a fully democratic
process. If we want a process where there is full
consultation, where everybody who is an elected member,
not just those who are ministers or not just those who
are Parliamentary Secretaries, but everybody in all
parties, and that includes the back benchers of
government in the House, that everybody gets an
opportunity to be involved in meaningful discussion and
in recommending who should come into the House or into
the committees to bring information to help with the
decision making.
This is not a strange thing to
expect. It is how the process works and why does it not
work here? It has never worked here. It should be
working here. It is about time we grow up in this
Province and start running this Legislature like a
democracy, like the other democratic legislatures in the
country.
You go online to Nova Scotia, Mr.
Speaker, go into their Web site, you will see all of
their committees. You will see the pieces of legislation
the committees are dealing with – the legislative
committees are dealing with. You will see how many
public hearings they have had, what witnesses they have
brought in, the recommendations that they are making to
their assembly, the recommendations that the
parliamentary committee is making to their assembly.
You go to P.E.I. in May, all of
their committees gave reports on their activities to
date. You read their activities, they tell you again who
they have had in, what the meetings were, what they are
dealing, and recommendations to their assembly. They
even have their parliamentary committees make
nominations, make the recommended nominations to
statutory bodies. Well, imagine if we had that here.
Here what happens is a name pops in on the floor, there
is no consultation ahead of time, and we are asked to
approve whoever the government recommends. Imagine
putting the power in the hands of a legislative
committee? That is democracy, Mr. Speaker, and that is
what is happening in the other legislatures.
So I do not know why this
government is afraid to allow that to happen here – and
we have never had it. I mean, that is what really upsets
me, we have never had it. I do not think that we have
ever had democracy in this Province. I am not sure we
understand what true democracy is. That is why I am
really glad we are having this discussion today, so that
people who are watching and who do not know that every
other legislature in the Province has these
parliamentary committees, that they will learn about
what is going on in other legislatures.
Earlier, Mr. Speaker, I do not
know, a year ago, I remember last summer, actually, it
was when the members’ committee, the committee that was
looking at members’ compensation was in place. I had a
conversation with a couple of MHAs from the government
side of the House, and I spoke to them about the
parliamentary committee structure. Mr. Speaker, they did
not know that other provincial legislatures had
parliamentary committee structures. They knew Ottawa had
them, but they had no idea that other provincial
legislatures had them. The reality is, Mr. Speaker, that
every other provincial legislature has them. So why did
not this government, and why is not this government
paying attention to this issue, which is a major issue?
Why cannot we have committees where all parties together
on those committees deal with the issues that are so
important in this Province?
No, this government has got to
control everything. They have to control every
consultation that happens, they have to be in control.
Well, that is not the way it is supposed to be, Mr.
Speaker. We are supposed to be here working together.
Imagine if we all were working together. Imagine if we
all could be on committees together – and not just sit.
I mean, during Estimates it is pretty sad. During
Estimates it is sort of understood the only ones who are
going to ask questions of the departments are the
Opposition members of the Estimates committees, of the
committees that are set up. I think once, I have heard a
member of the governing party ask a question of the
department. Once, in all the Estimates meetings that I
have sat through. That is not the way the committees
should be. Our committee structure is together, working
together. I know the Estimates meetings are different in
terms of it is us with departments, but nevertheless, it
is not seen as a joint effort of everybody together
trying to get information and working together. So, Mr.
Speaker, I could on and on about this. I think I have
made the main points with regard to the committees.
The other thing I want to mention,
Mr. Speaker, because it came up in Question Period
today, was the fact that the House Leader made reference
to the sitting of the House. We could have gotten into
an argument about what are we talking about, are we
talking about a session, or are we talking about a
sitting or whatever. So, Mr. Speaker, I decided to get
some figures, and I am going to compare apples and
apples. The apples and apples are how many sitting days
government has done in a calendar year for the last ten
years. Mr. Speaker, what we find, and these figures are
kept, Mr. Speaker, not by us, these are kept by the
legislative library. We can get them, they are found
very easily from the Government – actually the
Government of Canada, and the figures are kept and they
are available to everybody. What we find, Mr. Speaker,
is that this current government, since it came – and I
will go back to 2003, in a calendar year, in a calendar
year, the lowest number of days they have sat is
twenty-five, and the highest number is fifty-nine. When
I go back from 2002 back to 1987, and what we find is
that the lowest number of days a government sat in the
calendar year was thirty-four, which is nine higher than
the lowest this government has sat, and the highest
number that a government has sat in this House in a
calendar from 1987 up to 2002, was ninety-three days.
The also ninety-one days, and they sat eighty-four days,
and several years they sat seventy-something days. I
could go through the whole list, but I will not.
My point being, that in any
calendar year, in any calendar year, there was no
government, before this government, ever sat as low as
twenty-five, and the lowest they ever sat was
thirty-four, and they sat an awful lot more than that.
So, Mr. Speaker, let’s compare apples and apples. If we
go session by session, not sitting by sitting but
session by session, the same thing pans out. So I just
wanted to set the record straight, Mr. Speaker. If we
are going to talk things, let’s talk apples and apples,
which I have just done.
Thank you very much, Mr. Speaker.
MR. SPEAKER (Kelly):
The Chair recognizes the hon.
Minister of Justice.
SOME HON. MEMBERS:
Hear, hear!
MR. F. COLLINS:
Thank you, Mr. Speaker.
Mr. Speaker, I am pleased today,
by the way, to have time to say a few words with regard
to this motion, but before I get into the gist of my
presentation, which I trust you will all find very
enthralling and riveting, there are a couple of points I
want to make, especially in response to the NDP Leader.
As I sat here and listened to her,
I just could not believe my ears when I – and I have
been accused of not hearing well, and I thought maybe
that was the problem I was having, but I do not think it
was. She questioned the democracy of this government,
and that we did not understand what democracy was all
about. Mr. Speaker, here is an individual, a one person
party on the other side of this House, a party
consisting of one, who can ask questions in Question
Period every day. Every day, can participate in Question
Period; guaranteed time every day. Can address or
respond to every issue raised in this House, every bill,
every question, every issue raised in this House, has
response time guaranteed, and she questioned democracy.
She questioned democracy.
Mr. Speaker, she also raised the
issue of members on this side not asking questions of
ministers. No problem for us, we can ask all the
questions we want, if they want to take it out of their
time to do it. I do not think they want to do that. I do
not think they want to take it out of the half an hour
they have for us to ask questions of the ministers. Even
in Estimates, the same thing – Estimates, the same
thing.
Mr. Speaker, with respect to the
figures that she just threw across the House on sitting
times, over the last ten years, the average of
Opposition government’s sitting time over ten years,
forty-nine days. The average of the PC government over
those ten years was fifty-five days. Fifty-five, let’s
get the record straight. So I had to address these
things before I get into my presentation.
Now, Mr. Speaker, I am puzzled
today, very puzzled, but maybe somewhat amused by the
intent of the Opposition with respect to this motion. At
first blush, Mr. Speaker, there would look to be an
attempt to have the House direct the Standing Orders
Committee to go to the top of the mountain and consider
an agenda which they are going to give it. Now, go have
a special meeting, a series of special meetings, do the
review, but here is your agenda that we are going to
give you.
Mr. Speaker, it is interesting,
and it is nice to see that the Liberals are using the
Blue Book a lot. It is a very progressive document and a
very proactive one, and I am not surprised that they are
spending a lot of time delving through it. It is a great
piece of work. Undoubtedly, they are trying to steal
some ideas from it, but that is fine, we have lots of
them to give.
One of them, Mr. Speaker, they
suggest we are not following through on our Blue Book
commitment with respect to openness and transparency. I
am going to try to go back to my education days now, and
put the class through a quiz here. Same answer – I will
give you a little heads-up, same answer for each
question.
Which government brought in the
appointment of the Privacy Commissioner?
SOME HON. MEMBERS:
We did.
MR. F. COLLINS:
We did.
Which government brought in the
House of Assembly Accountability, Integrity and
Administration Act?
SOME HON. MEMBERS:
We did.
MR. F. COLLINS:
We did.
Which government brought in the
Lobbyist Registration Act?
SOME HON. MEMBERS:
We did.
MR. F. COLLINS:
And which government brought in the
Transparency and Accountability Act?
SOME HON. MEMBERS:
We did.
MR. F. COLLINS:
You all passed, have a good summer.
Mr. Speaker, with respect to the
Blue Book commitment that we would establish a committee
to look at the rules of the House, we have done exactly
that. We did not establish the Standing Orders
Committee, but we have used the Standing Orders
Committee to do just that. As a matter of fact, in 2008,
it was given another direction to do a review, which is
ongoing. It brought back a report in 2005, which this
House accepted. It will now undergo another review, and
in time, when it is finished, we will bring back the
report of that review to the House. So that is following
up on the pledge, the commitment we made in our Blue
Book.
With respect to creating a family
and friendly atmosphere by staying late at night, 2:00
o’clock in the morning, to handle legislation in this
House, well there might be a little side effect of that.
It gives rural members time, perhaps, to get an extra
day with their families. I think most people would
appreciate that at the end of the day.
So, this review process occurs
periodically. It occurs periodically. It was reported in
2005, and there will be another report, eventually, from
the one started in 2008. So there is a committee, Mr.
Speaker, there is a committee in place. It is doing the
review, the exact same thing that the Opposition House
Leader’s motion is attempting to do today.
Mr. Speaker, as was pointed out by
my colleague, the Minister of Business, the Opposition
House Leader is a member of that committee. He is a
member of that committee. If he is not satisfied or the
committee is not doing its job, it is only a matter of
contacting the Chairperson, who happens to be the
Speaker in this case. So what has happened to our
review? In 2008, we were told to get with it. Where are
we? I am sure the Chairperson would co-operate and call
a meeting of that committee, if it is necessary, if he
sees that there is something needed to be done.
The Opposition House Leader can
certainly make suggestions to the agenda. He can do
that. Any committee member can do that with any
committee. So I am having a real problem, Mr. Speaker, I
am having a real problem with the intent of this motion,
why it is coming forth today, and second, it is so late
in this session of the House.
Now, Mr. Speaker, I am not a
suspicious person by character, and I would not say I
would suspect what the motive would be, but I question,
I wonder if this is not an attempt by the Opposition,
not an attempt by the Opposition to deflect attention
away from the deplorable behaviour record they have had
during this session of the House. I am not saying I
suspect that is the motive, I am wondering if that is
the motive, from the embarrassing behaviour they have
had in this session of the House.
The Liberal Leader had to
apologize to the House. It is never a nice thing to have
to do. I am sure it was a demeaning time for the
Opposition Leader. The Opposition House Leader, I
believe, got evicted from one session of the House -
kicked out, turfed, gone one afternoon. I believe the
same thing happened to the Member for The Straits one
afternoon, gave him the boot, out with him. So, who has
not been abiding by the rules of the House? Who is
responsible for the decorum in this House, or the lack
of it? Who are the perpetrators?
I have big concerns, Mr. Speaker,
as to why this motion is coming today. I have my
suspicions, have my suspicions. I am concerned that the
intent is to give to the public, give to the media
today, that here we are, all of us in this House – and I
think this is what the Opposition is trying to do with
this motion. They are saying to the public out there, to
the media, here we are, all of us, the members of this
House, Liberals included, we have not been very good
boys and girls this session. We have not been very good
boys and girls. We have not been acting respectfully in
this House. As a matter of fact, I just heard the hon.
Member for The Straits a few minutes ago say that it is
time we started to respect each other – a bit late for
that, this session.
We are acting like children. It is
a mea culpa situation is what they are
saying. We need to clean up our act. We need to clean up
our act, and we, the Opposition, are going to take it on
ourselves to spearhead this. We are going to be
responsible. That crowd over there, they are not going
to do it. They are not going to do it. They are the
violators. They will not listen. They are in control.
They do not listen to anything we would say in a private
member’s motion, but we the Opposition are going to do
it. We are going to take this on our shoulders. We are
going to take the ball and we are going to run with it
to clean up this House. We are going to clean up this
House. We, the political representatives of the people
of this Province, representing our districts in this
hon. House, we are going to clean it up. We Liberals,
the Opposition, we are going to take the ball; we are
going to be responsible for it, because they are not
going to do it over there.
Now, Mr. Speaker, one has to
question that. One has to seriously question that. Is
this a camouflage of some kind? Certainly, that is what
it appears to be, to deflect attention away from the
performance of the Opposition parties in the House in
this session. That is all it is, and that is what the
public will recognize it to be. They are embarrassed,
Mr. Speaker, they are embarrassed by their performance
this session, and they should be. They should be.
Now, Mr. Speaker, with respect to
the seven items that they raised in their motion, I am
not going to get into these individually but suffice it
to say that number 1, perhaps, sets the context for all
of them. Number 1 sets the context for all of them. They
want the committee to consider methods of elevating the
decorum of all members to strengthen the dignity and
authority of the House.
That is a mouthful. I need a drink
of water after that one. Mr. Speaker, I interpret that
as another example of their continuing questioning of
the Speaker’s competency and the Speaker’s impartiality;
because we all know that the Speaker is responsible for
the level of decorum in this House, but it is a shared
responsibility, Mr. Speaker. It is shared with each one
of us. Each one of us has the responsibility for the
actions of this House – on both sides of the House. The
Speaker is the leader, the facilitator, and he is
responsible for trying to maintain decorum, but we all
have a responsibility. We all have a responsibility. We
do not need to change the rules to do that.
Mr. Speaker, considering the
record of the Opposition this session, to bring this to
the floor at this stage of the game defies credibility.
Mr. Speaker, number 1 sets the context for all the other
parts of that resolution.
Mr. Speaker, I am just going to
mention one other one here, just to give some reference
to the particular points of their motion, and I want to
point to the one of the Premier making sure – if I can
remember the wording here - dedicating one Question
Period per week exclusively for questions to the
Premier.
Now, undoubtedly you will find
jurisdictions to support any one of those seven items.
If you look for jurisdictions, you will find them. As a
matter of fact, I think the parliamentary system in
England gives such a session for the Prime Minister. So
you will find a jurisdiction as a precedent, but
precedents are not binding in this case, Mr. Speaker; it
is what works for that particular Parliament.
The Premier is always available to
answer questions, as I think he should be, and I think
he realizes himself he should be, when he can be here.
It seems to make a lot more sense to have him available
at all times than to only have him here on Mondays, for
example, or have him here on Thursdays.
Now, the Premier appoints
ministers to head departments, and he expects ministers
to represent those departments and understand what is
going on. We cannot expect the Premier to be able to
know everything that is going on in every department. He
is good; there is no doubt about that. He is good. We
all marvel at his vision and his intelligence and his
understand and his knowledge, but he is not Superman. I
think he expects ministers to be responsible for their
own departments, but he is always here to answer
question, when he can be; and to delegate a day, one
particular session, for him, I do not think it makes any
sense.
Mr. Speaker, I will cut to the
conclusion here without getting into any of the other
items. I just want to reiterate that this review is
ongoing. We have a Standing Orders Committee that is
currently at work pursuing a review. If the Opposition
House Leader is not satisfied with its progress then go
to his committee, of which he is a member, and get the
committee on track.
I am not saying there are no
merits in some of these things that he is suggesting,
but it is to be done and considered at the Standing
Orders Committee which is currently conducting this
review. That is the proper process. There is no purpose
in bringing this here today. There is only one purpose
in bringing this here today, and that is for the purpose
I just outlined, as did my colleague the Minister of
Business.
Thank you, Mr. Speaker.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The Chair recognizes the hon. the
Member for Lewisporte.
SOME HON. MEMBERS:
Hear, hear!
MR. VERGE:
Thank you, Mr. Speaker.
It is certainly a privilege for me
to stand this afternoon and speak for a few minutes on
the motion brought forward by the Member for Burgeo & La
Poile. I will say at the outset, Mr. Speaker, that I
always count it a privilege whenever I am given the
opportunity in this House to be able to speak and have a
few words on any piece of legislation. I think it is an
honour that we all hold dear. I certainly feel that
every time I get up, and I am thankful for the privilege
to be able to stand here and represent the people of the
Lewisporte District and to speak to important pieces of
legislation.
I am going to go through a few
portions of the member’s motion, and I will say at the
outset that there are certainly pieces of this motion
that I agree with and there are some pieces that I
question.
When we begin the motion, it says,
"WHEREAS the House of Assembly is the cornerstone of
responsible government…." I think that is true. I think
this House of Assembly is the cornerstone of responsible
government; I agree with that.
It says, "WHEREAS the smooth and
proper function of the House of Assembly is essential to
good government.…" I have no problem with that; I think
it is important that the House of Assembly operate in a
smooth and a proper way.
The third WHEREAS is, ‘WHEREAS
there is a clear, present and pressing need for reform
in the Standing Orders…." Now, I think that language is
strong: where there is a clear, present and pressing
need. With that language, Mr. Speaker, I do have some
questions.
First of all, I guess, for the
benefit of people who might be listening out in
different areas of the Province today, and who might not
be familiar with the phrase "Standing Orders" - I do not
know if any of the other members actually did an
explanation of what Standing Orders are. If they did, I
missed it.
Standing Orders are the permanent
written rules under which the House regulates its
proceedings. The continuing or the standing nature of
rules means that they do not lapse at the end of a
session, but rather they remain in effect until the
House itself decides to suspend, to change, or to repeal
them. So our Standing Orders are in a little book that
we were all given a copy of when we became members of
the House. We have these orders which basically rule the
way in which we operate in the House of Assembly.
We also have a Standing Orders
Committee, which was put in place as required in section
65 of the Standing Orders of the House of Assembly. We
have a Standing Orders Committee, and I heard the Member
for Burgeo & La Poile say that he was a member of that
committee, but the committee has not sat in a while.
That begs a question that I will get to in a minute, but
the Standing Order Committee is a standing committee. It
did a thorough review and brought in revisions in
2004-2005. At that time the Government House Leader of
the day, Mr. Byrne, spoke to the issue, as did the
Leader of the NDP at the time who was Jack Harris. It is
noteworthy that no member of the Official Opposition
spoke to the review that was made in 2004-2005.
Now, Mr. Speaker, Private Members’
Day, I think, is an opportunity that is afforded members
who have real issues that are of importance to the
people of this Province, and it is a time for these
issues to be brought to the floor of the House of
Assembly and to be debated. While this motion, like I
said at the outset I agree with decorum being good in
the House and I agree with the proper functioning of the
House of Assembly and I do agree that there are times
when, as members in the House, we do not show the proper
respect to each other when someone is speaking. I agree
with that. However, to bring this motion to the House of
Assembly today, this private member’s motion, to take -
we are nearing the end of the spring session of this
sitting, within a while we will be recessing the spring
session, and I would have to ask the members opposite is
this the most important and the most pressing issue on
your minds today? Is this really what you want to end
this session with, us debating today decorum in the
House of Assembly?
Sure we have a Standing Orders
Committee. We have a procedure for these things to be
dealt with. If you sit on the committee and you are not
happy with it, have you gone, have you spoken to the
Speaker and said, Mr. Speaker, we would like to call
this committee together? Have you asked for an update as
to what the staff is doing in reviewing the Standing
Orders?
To me, this is putting the cart
before the horse, Mr. Speaker. I do not understand this
at all. Bringing this here today and actually asking the
House of Assembly, the Members of the House of Assembly,
to direct the members of the Standing Orders Committee
to bring recommendations to the House of Assembly. Now
that is a bit convoluted. That is not even logical I do
not think. It certainly shows absolutely no respect for
a committee that is in place.
Why not, as a member of the
committee, ask for the committee to meet, ask to have a
discussion and then from that discussion the Standing
Orders Committee bring some recommendations forward.
There will be a debate at that level and the members of
the committee may agree that this and this and this,
these are issues that we need to bring forward at this
point in time. Well, that is the proper way to do it.
You do not need to take Private Members’ Day to do that.
I would think if I was a member of the Opposition, that
I would see much more important things to be bringing to
the floor of the Legislature today.
In one of the resolutions that
they have proposed here, Mr. Speaker, it says,
"THEREFORE BE IT RESOLVED that this House of Assembly
instruct…" and it deals with the "Methods of elevating
the decorum of all members to strengthen the dignity and
the authority of the House…."
Well, Mr. Speaker, I was elected
for the first time in October of 2007 and coming in and
taking my seat in this Legislature was a real honour.
Getting used to the way business is conducted in the
House was a little bit of a learning curve. It took a
while for me to get used to the way things were done,
and I have looked at parliaments in other jurisdictions
and it is not uncommon for there to be some heckling,
especially in Question Period, from Oppositions from one
side to the other. I am sure it has happened in this
House of Assembly for many, many years. As a matter of
fact, I have talked to members who have sat in this
House for years. The Member for Grand
Falls-Windsor-Green Bay South has been here for some
twelve or fourteen years. I chatted to him and he has
told me that the decorum in the House is actually much
better now than he has seen it in years past. He has
seen it a lot nastier and a lot worse.
What have I witnessed? I have
witnessed some heckling from this side when the members
of the Opposition have been on their feet, I have. I
have witnessed some heckling from the opposite side over
here, but one thing that I have not witnessed, I have
not witnessed either member of our government being
asked to leave the Legislature. I saw the Speaker at one
point in time name a member by his district and, with
that, the member on this side brought himself to order.
I witnessed that on a couple of occasions with two
different members, and the members brought themselves to
order and the Speaker did not have to take any further
action.
I did witness though, in the short
time that the Member for The Straits & White Bay North
has been here, he used some unparliamentarily language,
the Speaker brought him to task on it. I remember the
day when the Speaker stood in the House and the Speaker
advised the member that this language was not acceptable
in the House of Assembly. The Speaker even said, and I
remember specifically, the Speaker said: I know the
member is a new member here and I would ask the member
to please withdraw the comments. The member refused and
the Speaker had to name the member, not only by district
but by name and ask him to leave the House. The
Opposition House Leader, just a while ago, used
unparliamentarily language and refused to withdraw the
comments. The Speaker had to ask him to leave the House.
The Leader of the Opposition was brought up on a point
of privilege and was forced to apologize.
What I see, and I say this in all
sincerity, Mr. Speaker, what I see is that the members
on the opposite side are the ones who have really pushed
the limits. I know there has been noise from this side.
There are forty-four people here and there is four
there. There has been noise from this side, there has
been heckling, but the difference is that when somebody
from this side has been brought to task, when the
Speaker has asked for order, order has been given, and I
think that is the important distinction, Mr. Speaker.
Another one of the points that
this motion calls for, it says it wants to examine "…the
convention that the Minister questioned need not
respond". Now, I know you can interpret that
differently, Mr. Speaker, but there are times when a
member on the opposite side asks a question of a
minister on our side, supposing they may be asking the
question of the Minister of Municipal Affairs, when in
actual fact the file falls within the jurisdiction of
the Minister of Environment and Conservation. I have
seen that happen several times, when they might say I
ask the Minister of Municipal Affairs, for example, if
you could respond to, and another minister gets up. Now
if you take this, I guess, verbatim, what they are
really saying here is that when the minister is asked a
question the minister has to get up and answer it,
regardless if that file is in their portfolio or in
their jurisdiction or not. Now, I think that is a bit
ludicrous. Do we want now to force ministers to get up
and answer questions which do not fall in their
department just because the members of the Opposition do
not know which department handles that particular file?
I have some problem with that, Mr. Speaker.
Another thing that the motion asks
for, it asks to dedicate - and the Minister of Justice
alluded to this. It asks if we would dedicate one day
per week exclusively for the Premier to answer
questions. Now, Mr. Speaker, I have read the Standing
Orders. I have gone through them. I do not see, I say to
the Member for Burgeo & La Poile, I do not see anywhere
anything that prevents you from asking all the questions
to the Premier if you want, on every day. You can do
that, and since you can do it the only thing that makes
sense to me is you are asking that there be only one day
when the Premier could be questioned. Does that mean
that you do not want the Premier up on his feet because
the answers that he gives you do not like?
Another one is asking to establish
"…guidelines for the advance release of Ministerial
Statements and the full text of Bills…" Now without
exception, almost without exception I will say, whenever
I have heard a ministerial statement given here in this
House, I have heard the people on the opposite side get
up and the first thing they say is –
MR. SPEAKER:
Order, please!
It being 4:45 on the clock on
Wednesday, Private Members’ Day –
MR. VERGE:
Thank you, Mr. Speaker.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The Chair recognizes the proponent of
the motion, the hon. the Member for Burgeo & La Poile.
MR. KELVIN PARSONS:
Thank you, Mr. Speaker.
I appreciate the comments of my
colleagues this afternoon on this bill and the comments
of the Leader of the NDP. I actually started out with
some interest in listening to the comments from the
Member for Lewisporte. However I think he got a bit
wayward there. He started off being pretty good and
maybe showed at least that he studied the issue and put
some thought into it. Then again, it is like his boss
says, his opinion is what it is worth.
Mr. Speaker, this motion was made
exactly to make a point. It was to make a point. It is
not only about the private member’s motion that was put
forward today, it was to make a point and to show the
public of this Province exactly how the members on the
government side would react. That is one of the points,
because in your actions today, in their actions today,
Mr. Speaker, they showed exactly what they think of the
House of Assembly, they show exactly what they think of
the traditions of the House of Assembly, and they show
exactly what respect they have for various committees of
the House of Assembly. By the way, the House of Assembly
ultimately, this is the home of the people. If you
respect that home, it says something about what these
members think of these people, Mr. Speaker.
The Leader of the Opposition used
the words intestinal fortitude. Now I think anybody out
there knows what that means. She said the members of the
government did not have the intestinal fortitude to
stand up and speak for themselves, at one point. I think
she is absolutely right. By the way, the attitude and
the condescending behaviour of the government members
today are not lost on the public, it is not lost at all.
Their very defensive attitude and their comments never
once dealt with the motion itself. I believe the Member
for Trinity North even used the word hypocritical. He
accused the Opposition members of being hypocritical in
what we were saying. Now of all people in the Province
of Newfoundland and Labrador to suggest that word,
hypocritical – of all people to suggest that. I am
confounded.
The other thing was some of the
frivolous comments that we have heard today from the
members opposite. Thank God for Hansard, thank God for
the media, because they will record exactly what
transpired here today. A division, of course, will show
the vote, will show the record in posterity of what the
various members had to say here and where they voted in
the future. That is all part of the history of the
thing, Mr. Speaker.
Now, some people made comments
that had nothing to do with the motion, got to talk
about the Opposition members over here getting up every
day ranting and raving at the government, saying this
and saying that. Absolutely true! That is the role of
the Opposition I do believe. If I may say so myself, I
think for four members over in the Opposition we have
kept the feet to the fire of this government pretty
good. We have kept the feet pretty good to the fire of
this government. I never saw such a majority government
have such a reactionary, defensive posture to the posse
of four over here. I will tell you, I have never seen
such defensive behaviour, Mr. Speaker.
There are lots of comments about
us as an Opposition getting up and speaking, we speak
too often, sometimes we are too harsh and everything
else. Far be it for me to say that there are members in
the government who have not left their seat since their
maiden speech. They have not left their seat, Mr.
Speaker, in this House of Assembly since they made their
maiden speech, even to present a petition on behalf of
the people from their districts. So, do not talk to us
in Opposition about who is fulfilling their
responsibilities in this House, Mr. Speaker, one need
only look around.
Now, Mr. Speaker, I must go back
to a comment that was made here. Several of the
government members alluded to me, as Opposition House
Leader, being expelled from this House. Just to be
factual, because they only used the word expulsion, and
that is absolutely true. I was kicked out of this House,
Mr. Speaker, sometime ago. The reason I was kicked out
is because I called the Member for Lake Melville, the
Minister of Labrador Affairs a fool. When I was told by
the Chair that was unparliamentarily I had a choice,
knowing the rules of this House. The Chair gave me the
rules, gave me the option. He said you either withdraw
the remark or apologize, or you leave. I chose the
option of not apologizing for that remark.
MR. SPEAKER (Fitzgerald):
Order, please!
I say to the hon. member that he
cannot do through the back door what he cannot do
through the front door.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
I ask him to immediately withdraw the
remark that he referenced, and to the person that he
referenced it to, and I ask him to withdraw it now.
MR. KELVIN PARSONS:
Yes, Mr. Speaker.
I apologize for using and I
withdraw using the word fool when I addressed the Member
for Lake Melville.
SOME HON. MEMBERS:
Oh, oh!
MR. SPEAKER:
Order, please!
I say to the hon. member, he will
either withdraw the term unequivocally and without
explanation or the Chair will take further action.
I ask the hon. member to withdraw
the term and withdraw it immediately.
MR. KELVIN PARSONS:
It is absolutely immediate, Mr.
Speaker, and it is absolutely unequivocal. I withdraw
the word fool when I reference the Member for
Labrador-Lake Melville.
MR. SPEAKER:
Order, please!
I say to the hon. member for the
last time to withdraw the term or the hon. member will
not be recognized any more by the Speaker. The Speaker
has already said he will remain invisible to the Chair
and he will be asked to take his seat immediately until
he withdraws the comment and apologizes to the House.
MR. KELVIN PARSONS:
Thank you, Mr. Speaker.
I withdraw the comment
unequivocally and I apologize for the remark made.
MR. SPEAKER:
The hon. member.
MR. KELVIN PARSONS:
Now, let me get back to the
importance of the day here, Mr. Speaker, and that is the
private member’s motion about making some changes here
in this House.
Mr. Speaker, it is the thought of
this member that if this government had their way and it
was not a constitutional obligation, they would not even
be here in the House of Assembly. That is this member’s
view of how the government respects this institution. Of
course, Mr. Speaker, a lot of things start at the top
and it feeds down. We all recall, of course, the
Premier’s comments to Maclean’s magazine some
years ago which right from the top showed what the
leader of the government thought of the House of
Assembly. Now that is factual; that is absolute fact.
That was recorded in a national magazine when they asked
what he thought of our House of Assembly, so we need not
wonder sometimes why certain behaviours happen in this
House when it comes to the government members.
Now, Mr. Speaker, the word
hypocritical was used by the Member for Trinity North
today and as we all know that word is sometimes
unparliamentary here and sometimes it is parliamentary,
depending on how it is used. Now, Mr. Speaker, the only
thing I would say is hypocritical is what we see in the
2003 Progressive Conservative Party Blue Book and what
we see being done by the party who espoused it.
Virtually, every one of the references made in the
private member’s motion today took pieces from, if not
the whole parts of the Progressive Conservative Party
Blue Book as to what they would do to amend the
procedures and the Standing Orders of the House of
Assembly. What have we seen since 2003 when those
pronouncements were made, we have not seen one single
iota of movement from this government. It was not an
Opposition party who put that on the Web sites and on
the Blue Books and put it in every household in this
Province. Mr. Speaker, in anybody’s language, that is
hypocritical when you say one thing and do something
else. Now, that is the only thing we are seeing here
today that is hypocritical, Mr. Speaker.
The other comment made here by the
Member for Trinity North, and I do not mean to detract
from what is so important here but the absolute
condescending behaviour that he used in his comments
today. I actually timed him. He had fifteen minutes to
speak. He was nine minutes and never once uttered a word
with regard to the content of this private member’s
motion.
Now there is a person who has
something substantive to say and he, in the same breath,
turns around and says that the Opposition members did
not present a motion in good faith, did not properly
think it out, and there was no need of it. Now, that is
coming from a person who wasted nine minutes of his
speech here. Whether you disagree with it or you agree
with it, you ought to have the gumption – now, maybe
that is unparliamentary – the intestinal fortitude to at
least lay out why it is you disagree with something. I
have not heard, Mr. Speaker, one single logical
explanation here today from a government member as to
why what was proposed there is not factual, is not
needed, would not improve upon, or at least start a
process to improve upon the workings of the House of
Assembly. Not a single utterance did I hear from any of
these speakers today.
Now, Mr. Speaker, my time is just
about up. I think the points that we wanted to make have
been made here today. There is no question that the
House of Assembly, we feel, is in dire need of review –
the rules, the procedures. Anybody who does not even
want to look at something – that says something about
it. Anybody who is so content to sit back and say: We do
not need to look at that. We think that is okay. We do
not think there is any need to do that. What is the harm
in looking at the procedures and the protocols that you
operate under? Nothing may ever come of it. You may sit
down and start the process and at the end of the day you
decide that we can tinker with this a bit, we can tinker
with that a bit, but at the end of the day we are
satisfied with the process.
That is all this resolution was
about, Mr. Speaker, was to have an in-depth, detailed
look at the workings of this institution that we have
here. We can get into the muckraking we want about who
said what and who was disorderly and who called out some
insult across the House and whatever else. Sometimes we
have had a very tumultuous atmosphere here and the
Speaker has had his hands full from both sides trying to
keep order. Nobody would suggest that you do not have a
tough job as a Speaker of this institution, but that is
only one facet of this.
This motion is directed to more
than the decorum in this House; it is directed to the
procedures. How the government members spoke to this
resolution today is how they speak to a lot of incidents
in society today. They preach that they are open and
accountable and then they do everything they can to keep
people, to keep procedures in the dark and not to have
any change that might in any way reflect upon their
behaviours.
The Member for Port de Grave
pointed out about the Public Accounts Committee. Can you
imagine a Public Accounts Committee that does not want
to have a public meeting? Now, is that an oxymoron or
what? We have a Public Accounts Committee that does not
want to have a public meeting. We will dictate
everything we do. What we will do is we will write a
letter to the Minister of Finance, for example, we will
ask him some stuff that we are concerned about and if he
gives us back a response that is fine. We will not
question him, and nobody is going to come and sit down
and talk to you from his office and let us ask about
this. We do it in Estimates. The same procedure, even if
you adopt it in Estimates, would at least get you
somewhere where you can ask questions, but our Public
Accounts Committee dare not do that because that might
peel back a few layers on the onion. There might be
something that you find that is not exactly kosher.
Anything that this government - they have a pervasive
fear that by being open and accountable they are going
to be found to be wanting. That is the whole purpose.
Any institution that I am ever aware of that kept itself
open that kept itself transparent and accountable, they
improved themselves. It is a double-edged sword when you
say you do want to be open and accountable and then do
not be. How do you ever learn, how do you ever know if
what you are doing is proper?
That is exactly the position, Mr.
Speaker, we find ourselves in. That is just how the
government treats this institution. Then there is the
issue of how we, as parliamentarians, treat this
institution. There is a whole pile of stuff in this
private member’s motion that ought to be dealt with and
that is the sole purpose of bringing it forward, was to
see if the government members had the gumption to get it
dealt with. Instead of sitting here and talking about
it, what is good or what is bad, why wouldn’t we address
it and have everybody address it upfront and let the
public know we are going to address it? Instead of that,
Mr. Speaker, all we get is a bunch of rhetoric. We get a
condescending attitude. We get smugness and we get
arrogance from the government members who spoke on this
issue. That is no way to treat this institution, Mr.
Speaker.
The motion was well-intentioned.
It was well spirited. Nobody here cast any aspersions on
anyone today in this motion and nobody cast any
aspersions when it come to any of the seven items
enumerated in this private member’s motion - none
whatsoever, Mr. Speaker.
So anyway, we did not come here,
by the way, with any expectation that the government
members would vote for it. I am just surprised we did
not get an amendment some how gutting it like we have
seen the process be, which is one of the things we
called to have changed anyway.
Mr. Speaker, there is no
disillusionment on our part in knowing what was going to
happen to this motion, but for the record we know now
where the government members stand, and posterity and
Hansard will show exactly where this went.
Thank you.
MR. SPEAKER:
Order, please!
Is the House ready for the
question?
Shall the resolution as put
forward by the hon. the Member for the District of
Burgeo & La Poile carry?
All those in favour, ‘aye’.
SOME HON. MEMBERS:
Aye.
MR. SPEAKER:
All those against, ‘nay’.
SOME HON. MEMBERS:
Nay.
MR. SPEAKER:
The motion is defeated.
AN HON. MEMBER:
Division.
MR. SPEAKER:
Division.
Call in the members.
Division
MR. SPEAKER:
Order, please!
Are the Whips ready for the vote?
All those in favour of the motion
as put forward by the hon. the Member for the District
of Burgeo & La Poile, please stand.
CLERK:
Ms Jones, Mr. Kelvin Parsons, Mr. Butler, Mr. Dean.
MR. SPEAKER:
All those against the motion as put
forward by the hon. the Member for the District of
Burgeo & La Poile, please stand.
CLERK:
Ms Burke, Ms Dunderdale, Mr. Hedderson, Mr. Skinner, Mr.
Jackman, Mr. Wiseman, Mr. Kennedy, Mr. Marshall, Mr.
Felix Collins, Mr. Kelly, Mr. Ridgley, Ms Johnson, Ms
Pottle, Mr. O’Brien, Mr. Denine, Mr. Dinn.
SOME HON. MEMBERS:
Oh, oh!
MR. SPEAKER:
Order, please!
CLERK:
Mr. Davis, Mr. Baker, Ms Perry, Mr. Dalley, Mr. Kevin
Parsons, Mr. Pollard, Mr. Peach, Mr. Hunter, Mr. Verge,
Mr. Young, Mr. Harding, Mr. Kent, Mr. Forsey, Mr. Loder,
Mr. Buckingham, Mr. Cornect, Mr. Sandy Collins.
Mr. Speaker, the ayes four, the
nays thirty-three.
MR. SPEAKER:
The Chair deems the resolution as put
forward by the hon. the Member for the District of
Burgeo & La Poile defeated.
On motion, resolution defeated.