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Oral
Questions
April 15, 2008
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| In the House | Question
Period
MR. PARSONS: Thank
you, Mr. Speaker.
My questions are for the
Premier.
I preface my questions by
saying the patients and the families affected by the HR
issue, of course, should have minimal stress and anguish
as this matter proceeds, but there are some questions of
clarification I would like to ask the Premier given his
comments of yesterday outside the House.
Mr. Speaker, it has been
difficult to follow the Premier’s statements on this
issue concerning the Cameron inquiry and the HR issue.
Last week, both the Premier and the Minister of Justice
did not want to answer any questions in this House
because it might prejudge the process before all the
testimony was given; however, yesterday the Premier
stated that Eastern Health was liable and should settle
out of court.
I ask the Premier: What
has happened to make you change your mind in terms of
speaking out on this issue?
MR. SPEAKER: Order,
please!
The hon. the Premier.
SOME HON. MEMBERS: Hear,
hear!
PREMIER WILLIAMS: Thank
you, Mr. Speaker.
As the hon. member
opposite can well understand, my concerns last week were
based on acting within the protocols of the inquiry,
acting properly within the terms of reference of the
inquiry, making sure we did nothing to interfere with
the inquiry, and making sure that we allowed the inquiry
to proceed in a proper manner.
I wanted to make sure
that, when I spoke in this House, I was not infringing
upon their right to conduct the inquiry. I wanted to
make sure it was not having any undue influence on the
outcomes in the inquiry from the perspective of what was
transpiring at that time; and, on that basis, I asked
the Minister of Justice, through his officials, to make
inquiries of legal counsel at the inquiry to make sure
that we were quite legitimately answering questions in
the House of Assembly.
SOME HON. MEMBERS: Hear,
hear!
MR. SPEAKER: The
hon. the Opposition House Leader.
MR. PARSONS: Thank
you, Mr. Speaker.
After reviewing the
statement of defence that has been filed in the
class-action lawsuit on this HR issue, it appears that
Eastern Health is the only named defendant. I understand
there is an application before the courts by Eastern
Health to have permission granted that they might, if
they wish, join third parties at a later time.
I am
just wondering if the Premier could confirm that as of
now the Government of Newfoundland and Labrador is
indeed not a third party and not been named as a
defendant in this lawsuit by the persons involved in
this issue.
MR. SPEAKER: The
hon. the Minister of Justice and Attorney General.
SOME HON. MEMBERS: Hear,
hear!
MR. KENNEDY: Thank
you, Mr. Speaker.
As of this point I am not
aware of the Government of Newfoundland being named as a
party; however, Mr. Speaker, in relation to the
Opposition House Leader’s comments, I would like to
point out that the Commission of Inquiry, the terms of
reference do not allow for the commissioner to express
any conclusion or recommendation in relation to civil
liability.
What was expressed
yesterday - the Premier made it clear - he expressed his
personal opinion and essentially, I would suggest,
stated the obvious.
I would say to the
Opposition House Leader, the concern we had was dealing
with the evidence that was before the inquiry. So, to
say that we would not answer any questions yesterday, I
would suggest, is incorrect.
Essentially, I would
point out again that the Premier’s opinion is his
opinion - one that I happen to share in, but one that is
not binding on the inquiry.
SOME HON. MEMBERS: Hear,
hear!
MR. SPEAKER: The
hon. the Opposition House Leader.
MR. PARSONS: Thank
you.
I appreciate the
minister’s answer. I guess I can take from that answer
that, no, we have not, as a Province, been joined as a
defendant or a third party in this particular action.
Now I will get to the
piece about the Premier’s opinion, which he spoke
yesterday outside. Given that, on many occasions, this
Premier and this government have said that we do not get
involved in the operational issues of Eastern Health,
given the fact that government is not named in this
lawsuit, and it is a class-action suit against Eastern
Health only, does the Premier
feel that it is appropriate, as the Premier - I realize
you also wear a hat as a lawyer, but you also wear the
hat as the leader of this Province - is it appropriate,
given that we are not a party to that action, for you,
in your influential position, to be making these
comments? Are they appropriate?
MR. SPEAKER: The
hon. the Premier.
SOME HON. MEMBERS: Hear,
hear!
PREMIER WILLIAMS: If
the hon. member opposite is suggesting that I should not
do anything to alleviate the pain and the hardship and
the misery and the suffering and the trauma of having
these problems revisited again during an inquiry, and
also having the danger and the possibility of having
them revisited again during a class-action trial, or
several trials or discoveries or legal proceedings that
may go on, then I make no apologies whatsoever for
trying to alleviate some of that hardship, Mr. Speaker.
SOME HON. MEMBERS: Hear,
hear!
MR. SPEAKER:
The hon. the Opposition House Leader.
MR. PARSONS: Thank
you.
Mr. Speaker, that is
exactly why I am asking these questions; because, rather
than just making statements, everyone is concerned and
wants to mitigate and alleviate any amount of stress
that the victims or their families are suffering in this
case. Anyone is. If you are not, you are not human in
the first place. That goes without saying.
My question is: In light
of the comments that he made yesterday, that you would
like to see it settled, given the fact that government
does ultimately control the Eastern Health Authority, have
you had, or do you intend to have, any discussions with
Eastern Health to pursue this issue of your wish that it
would settle?
MR. SPEAKER:
The hon. the Premier.
SOME HON. MEMBERS: Hear,
hear!
PREMIER WILLIAMS: Mr.
Speaker, if the hon. member opposite had looked at the
newscast or the reporting of that particular matter very
carefully and closely last night, he would have seen
that I indicated that I expressed my opinion as a
lawyer. It was a question that came out of left field. I
felt it was a very good question. I felt it was a very
fair question and, based on the fact that I probably
initiated thousands of lawsuits against insurance
companies on behalf of victims and people who have been
harmed and aggrieved, I think I would be in a good
position to express an opinion as a lawyer, which is
exactly what I did, and which is exactly what I said. I
did express that opinion as a lawyer.
SOME HON. MEMBERS: Hear,
hear!
MR. SPEAKER:
The hon. the Opposition House Leader.
MR. PARSONS: Thank
you, Mr. Speaker.
With all due respect, I
say to the Premier, we have only heard from three people
in the Cameron inquiry. Government has not been made a
party to this action, so I do not know why the Premier
would feel he is in control or has knowledge of certain
information to make a determination of liability.
Regardless, if you are a lawyer, we still need to hear
the facts. I say to the Premier that you did not have,
and you do not have, all of the facts in order to make
that decision, but the decision is done.
The comment was made now
about settling, so I ask the Premier - albeit Eastern
Health is the only defendant in this lawsuit, government
has control of Eastern Health through the legislative
process, including budgetary funding decisions.
I ask the Premier: When
you say you want the class-action lawsuit settled out of
court, is this based on your hope that the parties would
settle it, the insurance companies themselves, or are
you prepared to bring the government resources to the
table to see that this is, in fact, done?
MR. SPEAKER:
The hon. the Premier.
SOME HON. MEMBERS: Hear,
hear!
PREMIER WILLIAMS: I
am amazed, Mr. Speaker, that the hon. member opposite
would not want me to express an opinion that helps the
victims of these problems. I am at a loss to understand
why you would say: How could I form an opinion after
three witnesses have testified, or how can I form an
opinion?
Well, I formed an opinion
based on what I have seen. I formed my opinion on the
basis of thirty years practicing as a lawyer. I formed
my opinion on the basis that I have tried and
participated and seen thousands of these cases. I have
not tried thousands of them because a lot of them were
settled out of court. I happen to know the way insurance
companies operate. I happen to know how settlements get
precipitated and that is exactly why I tabled the
document, the letter from Dr. Ejeckam whereby he said
that patient care was being jeopardized while you were a
member of Cabinet.
SOME HON. MEMBERS: Hear,
hear!
MR. SPEAKER: The
hon. the Opposition House Leader.
MR. PARSONS: Thank
you.
Again, I say to the
Premier, everybody I do believe in this Province, unless
you are not humane, wants to see this thing settled and
resolved for the benefit of the victims and their
families.
My question to the
Premier is, now that you have
expressed your opinion that it should be settled, you
also wear the hat as Premier of this Province, are you
prepared to put on your Premier’s hat, because we know
what your opinion is as a lawyer, and bring the
resources of government to bear, talk to Eastern Health
so that we can get to a settlement phase? Rather than
just leaving expectations out there for these victims
and their families, what are you prepared to do now that
you have expressed your opinion to see that that
expectation can be made a reality?
MR. SPEAKER: The
hon. the Premier.
SOME HON. MEMBERS: Hear,
hear!
PREMIER WILLIAMS: I
have told Eastern Health and I have told the insurance
companies and I have told the 500,000 plus people in
this Province through every possible media that was
available to me yesterday that this matter should be
settled. I cannot do much more than that.
SOME HON. MEMBERS: Hear,
hear!
MR. SPEAKER: The
hon. the Leader of the Opposition.
MR. PARSONS: Thank
you, Mr. Speaker.
Yesterday I raised in the
House of Assembly an issue regarding a breast cancer
patient who had to consent to being released from
hospital the same day after her surgery or to have her
surgical procedure rescheduled. I contacted Eastern
Health yesterday and shortly before I came to the House
of Assembly today I did receive confirmation from them
that this is indeed an unwritten policy that is followed
in the Health Care Corporation in situations where beds
are not available to those patients to be admitted after
this particular surgery.
So, I ask the government
now: Will you ensure that there
is an end to this unwritten policy and that women who
are being scheduled for breast cancer surgery in our
hospitals are given the opportunity to be admitted, and
are admitted, and not asked to consent to be sent home
if they are unwilling?
MR. SPEAKER: The
hon. the Premier.
SOME HON. MEMBERS: Hear,
hear!
PREMIER WILLIAMS: Mr.
Speaker, in fairness to the minister who just came back
from the inquiry and may not have had an opportunity to
see the question or even be briefed on what the outcome
of the information is. I have available here a letter
which came from Eastern Health which indicates exactly
what the policy is. I am prepared to table that, Mr.
Speaker, and make it available to the Opposition. It
only came to my attention within the last hour and ten
minutes, so we will have a chance to go through it. I
understand it is a national policy, it is a national
procedure.
I also understand from a
quick read of it, that some of these mastectomies are
performed through outpatients, which amazes me, quite
frankly, but if that is the procedure which is being
done across the country I will have to find out whether
that is the norm. Of course, we will obviously leave
that to the Minister of Health.
What I am prepared to do
is provide this for you because this is exactly as it
has been received by government from Eastern Health, and
then we will take that under advisement and the minister
will certainly respond.
SOME HON. MEMBERS: Hear,
hear!
MR. SPEAKER: The
hon. the Leader of the Opposition.
MS JONES: Thank
you, Mr. Speaker.
I am sure it is the same
information that I have received. The fact that it may
be a policy in other parts of the country still does not
make it acceptable. I will await government’s response
on that issue.
In September of 2004,
government announced a decision to amalgamate all the
health and community service boards across the Province
into four mega boards. Seven boards actually were
combined to make up the Eastern Health Authority.
I ask the Premier, if
he will release any and all strategic plans, studies and
reports that were used by government related to this
decision to amalgamate the boards that now comprise
Eastern Health or were there any strategic plans in
place at the time to do so?
MR. SPEAKER: The
hon. the Minister of Health and Community Services.
SOME HON. MEMBERS: Hear,
hear!
MR. WISEMAN: Mr.
Speaker, I will check with my officials to determine if
there was any actual assessment done prior to and what
kind of evaluation may have been completed prior to
2005. Part of a formal evaluation would have been done,
and if that took place, then I will table it in the
House.
SOME HON. MEMBERS: Hear,
hear!
MR. SPEAKER: The
hon. the Leader of the Opposition.
MS JONES: Mr.
Speaker, our research has shown us that an essential
part of the process to regionalizing governance
structures in health corporations and other boards have
been a transition team. This team oversees the process
of merging administrative structures and generally plan
and assist the transition process for health boards.
I ask the Premier, or the
minister: Was there a
transition team in place? Who was on the team for
Eastern Health and what resources were provided to them
during that time?
MR. SPEAKER: The
hon. the Minister of Health and Community Services.
SOME HON. MEMBERS: Hear,
hear!
MR. WISEMAN: Thank
you, Mr. Speaker.
And I assume if they did
the research on it, it must be accurate. Just to put the
whole issue of consolidation into some context. In 2005,
consolidation of fourteen boards into four in this
Province was probably the fourth rendition of board
consolidation. In fact, in the country we are probably
the experts on board consolidation.
When I worked in the
health system back in 1985, when I began, there were
some fifty-odd health authorities in this Province, I
say, Mr. Speaker, at that time. We have gone from
fifty-odd back in the mid-80s down to I think it was
thirty-odd and down to fourteen and now down to four.
The 2005 exercise was a repeat of an exercise that
occurred in the early- to mid-90s. The authorities and
the individuals involved in the process in 2005 had
already been a part of in some cases what was two and in
some cases three renditions of that before –
MR. SPEAKER: Order,
please!
I ask the hon. minister
to conclude his answer.
MR. WISEMAN: Thank
you, Mr. Speaker.
I think, as a Province,
as a Department of Health and Community Services and the
authorities themselves, there was a fair bit of
institutional knowledge around consolidation, I say, Mr.
Speaker.
SOME HON. MEMBERS: Hear,
hear!
MR. SPEAKER: Order,
please! Order, please!
The hon. the Leader of
the Opposition.
MS JONES: Thank
you, Mr. Speaker.
The minister shouldn’t
concern himself with my research. At least I read the
notes I was given.
Mr. Speaker, let me say
this: There is no answer as to whether there was a
transition team or whether there wasn’t.
Mr. Speaker, maybe he can
answer this question: What were
the budgetary goals of this amalgamation process and was
there a government expectation of financial savings and
were they achieved?
MR. SPEAKER: The
hon. the Minister of Health and Community Services.
SOME HON. MEMBERS: Hear,
hear!
MR. WISEMAN: Mr.
Speaker, had I been in power in 2003 and read the notes
from Eastern Health I probably would have known what was
going on in ER/PR at that time as well.
I say, Mr. Speaker, the
question the member poses –
MS JONES:
(Inaudible). That is a very good point.
MR. TAYLOR:
The Premier gave you one yesterday, a letter from a
doctor.
MS JONES: (Inaudible).
MR. SPEAKER: Order,
please!
The hon. the Minister of
Health and Community Services.
MR. WISEMAN: Thank
you, Mr. Speaker, for that protection.
Mr. Speaker, the member
opposite asked a question around the financial targets
that were provided to the four authorities back in 2005.
If I am not mistaken, it was somewhere in the range of
about $7 million. As a result of that consolidation and
what were believed to be some opportunities for some
administrative cost savings, the targets were in the
magnitude of about $7 million, if I recall.
SOME HON MEMBERS: Hear,
hear!
MR. SPEAKER: The
hon. the Leader of the Opposition.
MS JONES: Thank
you, Mr. Speaker.
The minister raises a
very important point, and I would like to ask him: In
the transition of government in 2003, can
you tell me what documentation regarding the ER/PR
testing and the laboratory at Eastern Health was in the
Department of Health and Community Services when you
took over, in 2003?
MR. SPEAKER: The
hon. the Minister of Health and Community Services.
SOME HON. MEMBERS: Hear,
hear!
MR. WISEMAN: Thank
you, Mr. Speaker.
I wasn’t the minister
in 2003, I say, Mr. Speaker, but I could ask –
MR. TAYLOR:
You were in Cabinet in 2003 (inaudible). Were you in
Cabinet in 2003, Yvonne?
MR. SPEAKER: Order,
please!
MR. WISEMAN: -
the officials in the Department of Health and Community
Services if the members opposite, when they were in
government, if they, in fact, knew of the letter that we
question here that was written in 2003. I will pose that
question, I say, Mr. Speaker, and report back to the
House.
SOME HON. MEMBERS: Hear,
hear!
MR. SPEAKER: Order,
please!
The hon. the Leader of
the Opposition.
MS JONES: Mr.
Speaker, we are all well aware of the memo that
circulated between the laboratory and Eastern Health as
a corporation. My question is: What
information was in the Department of Health and
Community Services? I have no knowledge that
there was any. There are accusations being made in the
House of Assembly by Cabinet ministers opposite that
there was - I ask government to search the files,
provide all and any information, correspondence related
to this issue that was in the Department of Health and
Community Services in 2003 when your government took
office.
MR. SPEAKER: Order,
please!
The hon. the Minister of
Health and Community Services.
SOME HON. MEMBERS: Hear,
hear!
MR. WISEMAN: Mr.
Speaker, I find it very ironic, now that we are in
government and I am the minister, I am expected to know
what is not only written but what is unwritten, how many
patients were admitted to what hospitals, how many
patients were in emergency departments last night.
Whereas the member opposite wants to pose a (inaudible)
standard when they were in government, unless it was in
writing, I did not know anything about it. Now that is a
double standard, I say, Mr. Speaker.
I may not be able to
produce the document that was in the department during
2003 that the members opposite might have knowledge of,
but if there was a section of the laboratory in Eastern
Health that was closing today for five weeks, I suspect
someone in Eastern Health would have at least verbally
told me. I suspect that back in 2003 when her former
colleague was the Minister of Health and Community
Services, if the lab was closing for five weeks on his
watch, he definitely would have known. I say, Mr.
Speaker, he definitely would have known.
SOME HON. MEMBERS: Hear,
hear!
MR. SPEAKER: The
hon. the Leader of the Opposition.
MS JONES: Thank
you, Mr. Speaker.
I have my doubts if the
minister opposite would have known; I have to be frank
with you.
Anyway, getting back to
the line of questioning that I started today because,
obviously, the members opposite are only propagating
information that they know nothing about and have no
information to substantiate.
Let me get to my
question, Mr. Speaker. We now know that there was no
transition team in place for the merger of the new
Eastern Health Corporation under that government’s
mandate. I have to ask: What
was government thinking at the time that they took on
this massive merger by not providing no transition team
and no support services?
MR. SPEAKER: The
hon. the Minister of Health and Community Services.
SOME HON. MEMBERS: Hear,
hear!
MR. WISEMAN: Mr.
Speaker, what government did in 2005 was created four
entities in this Province, four health authorities, and
we appointed four boards. Those four boards appointed
their senior executive team. They hired CEOs and a team
of management expertise around them. That CEO, together
with the management team led by the four boards of
trustees, guided a transition process, many of whom had
been through that same process in the early 1990s and in
the mid-1990s. Some of them, in fact, had been through
that same process back in the 1980s.
Mr. Speaker, many of
those people who sat around the executive teams of those
four health authorities had gone through this process
before. They had their checking list of things that
needed to be done during transition. These were
experienced administrators who had gone through the
process before. They had the complement of senior
management people, together with middle management
people that they needed to be able to guide an
organization through a transition into a normal
operational mode, I say, Mr. Speaker. So, that is the
team we put in place.
MR. SPEAKER:
Order please!
I ask the hon. minister
to conclude his answer.
MR. WISEMAN: That
is the team, I say, Mr. Speaker.
SOME HON. MEMBERS: Hear,
hear!
MR. SPEAKER:
The hon. the Leader of the Opposition.
MS JONES: Thank
you, Mr. Speaker.
We are now three years
into this process of amalgamating the boards that now
comprise Eastern Health.
I ask the minister: Has
the transition now been completed or are there certain
aspects of this amalgamation that is still ongoing?
MR. SPEAKER:
The hon. the Minister of Health and Community Services.
SOME HON. MEMBERS: Hear,
hear!
MR. WISEMAN: Mr.
Speaker, it is obvious that the member opposite has no
experience in this field of bringing together
organizations, I say, Mr. Speaker.
MS JONES: (Inaudible).
MR. WISEMAN: As
I have said many times before in this House, bringing
together organizations as large and complex as health
care - those boards are - to try to have that all
accomplished within a three-year period is an impossible
task. There are some issues that are outstanding with
respect to transition. Let me name you one. The whole
issue of the bargaining unit structure within the
authorities is a significant piece of work. Back in the
mid-1990s when the consolidation occurred, it took about
four years for that one, single task to be concluded.
If you were to examine
consolidation of health authorities across this country,
I say, Mr. Speaker, you will find exactly what I am
saying to be accurate. You will find that these
transitions, bringing together organizations, whether it
is in health care or in the corporate world, you do not
bring together organizations of different cultures,
different structures -
MR. SPEAKER:
Order please!
MR. WISEMAN: -
and bring it together overnight as one, single
organization.
SOME HON. MEMBERS: Hear,
hear!
MR. SPEAKER:
The hon. the Leader of the Opposition.
MS JONES: Thank
you, Mr. Speaker.
We know that three years
has already past. I asked a simple question: What
aspects have not still been amalgamated? The
minister alluded to one aspect, maybe he could tell us
what the other pieces are that have yet to be amalgated
within the health care corporation and maybe he could
table for us the full timelines that government has in
place to see those things completed.
MR. SPEAKER: The
hon. the Minister of Health and Community Services.
SOME HON. MEMBERS: Hear,
hear!
MR. WISEMAN: Just
to illustrate a point, Mr. Speaker - the member opposite
asked for very specific timelines - I will just use the
example I used a moment ago, the bringing together of
bargaining units. It is a process of negotiations. It is
a process of discussions. We have the Nurses’ Union
involved, we have AAHP involved, we have NAPE involved,
we have CUPE involved, we have multiple bargaining unit
structures across the four authorities, and we are
bringing them together in a process, Mr. Speaker. There
is a discussion; there is a negotiation that takes
place. Sometimes you are able to conclude negotiations
quickly. Sometimes it takes a little longer. So, there
is a bit -
SOME HON. MEMBERS: Oh,
oh!
MR. SPEAKER: Order,
please!
MR. WISEMAN:
Some of those things take some time.
SOME HON. MEMBERS: Oh,
oh!
MR. SPEAKER: Order,
please!
MR. WISEMAN: Thank
you, Mr. Speaker.
The members opposite are
kind of anxious today but I will try to get to my
answer.
The point being, Mr.
Speaker, some of these exercises take some time. I
cannot give the member opposite a definitive answer when
NAPE, CUPE and the Nurses’ Union will agree to a
particular process, I say, Mr. Speaker.
SOME HON. MEMBERS: Hear,
hear!
MR. SPEAKER: Order,
please!
The hon. the Opposition
House Leader.
MR. PARSONS: Thank
you, Mr. Speaker.
With all due respect,
that minister finds it very difficult to give a
definitive answer on anything, we have learned here.
Anyway, my question is for the Minister of Justice.
Mr. Speaker, the minister
is in the media commentary about the possibility of
having a federal prison built here in the Province, and
the minister stated that as part of that process there
was a report done which resulted from a tour, I believe,
to Nova Scotia, B.C. and Saskatchewan, which was
conducted by a delegation of prison management and union
officials in that regard. This report apparently was
prepared and forwarded to the minister in late January
of this year. I am wondering: When
can we expect to see that report released?
MR. SPEAKER: The
hon. the Minister of Justice and Attorney General.
SOME HON. MEMBERS: Hear,
hear!
MR. KENNEDY: Thank
you, Mr. Speaker.
I have to tell the
Opposition House Leader, I do not know what report he is
referring to. My comments in relation to discussions
with the federal government have been based on internal
documents that have been provided to me and which I have
discussed with Minister Day two weeks ago in Ottawa.
I am aware that there was
a delegation that went away, but I have seen no report.
I do not know if the Opposition House Leader is
confusing the issue of the consultant’s report which
is in the process of being prepared but which, at this
point, I have not been provided with. The most I have
seen is a draft that contains a list of some proposed
sites and a proposed prison facility.
I must emphasize, Mr.
Speaker, at this time there is no commitment from the
federal government; and, until such time as there is a
commitment from the federal government, there is not
much that we can do.
SOME HON. MEMBERS: Hear,
hear!
MR. SPEAKER: Order,
please!
The hon. the Member for
Signal Hill-Quidi Vidi.
MS MICHAEL: Thank
you very much, Mr. Speaker.
My question is for the
Minister of Health and Community Services.
On April 11, the minister
reported to the Commission of Inquiry that Eastern
Health told him in May 2006 they had an ethics
subcommittee looking at disclosure issues, but the
subcommittee was only dealing with how to inform
families of deceased patients; it did not address
whether to release information to the public.
My question is: Will the
minister ensure that Eastern Health puts in place a
permanent ethics subcommittee that, from here on in,
will handle disclosure of information in the public
interest whenever needed?
MR. SPEAKER:
The hon. the Minister of Health and Community Services.
SOME HON. MEMBERS: Hear,
hear!
MR. WISEMAN: There
are two parts to your question, Mr. Speaker, I believe.
On the issue of the
subcommittee, I think there is an ethics committee
within Eastern Health, a standing committee, and upon
need they pull together a group of them to deal with the
question at hand.
The question, I think, as
I understood it, you are asking whether or not it is
appropriate to have Eastern Health deal with the issue
of disclosure - and it is a very good question, and I
will put that to Eastern Health – whether the ethics
committee should look at it, or some other group, the
ethical issues in and around disclosure do need to be
examined.
SOME HON. MEMBERS: Hear,
hear!
MR. SPEAKER: The
hon. the Member for Signal Hill-Quidi Vidi.
MS MICHAEL: Thank
you, Mr. Speaker.
Another question for the
minister, then, first of all pointing out that the
Canadian patient safety guidelines that are now in
place, and that Eastern Health says it is now following,
and this was tabled with the inquiry, do not deal with
systemic issues such as when information should be
disclosed to the general public in the interest of
public health and patient safety.
Is the minister willing,
then, to tell Eastern Health that he would like them to
get into the game of developing guidelines, even though
they do not exist nationally?
I would like you to do
that, so I am asking you: Are you willing to do that?
MR. SPEAKER: The
hon. the Minister of Health and Community Services.
SOME HON. MEMBERS: Hear,
hear!
MR. WISEMAN: Government
has already given some consideration to that broader
question you are raising.
If you look at the terms
of reference of the task force that was appointed by the
Premier back last year – the Task Force of Adverse
Events – one of the things that we would want Mr.
Thompson to bring forward for government’s
consideration is a whole series of policies in and
around adverse events, issues around disclosure, how we
might do it, how communication would occur. When he
brings that forward, that will be then rolled out for
the four authorities; all four of them will have that as
a part of their policy piece as well. So it is a piece
of work that is already being developed, and one that
the task force is being seized with.
SOME HON. MEMBERS: Hear,
hear!
MR. SPEAKER: The
hon. the Member for Signal Hill-Quidi Vidi.
MS MICHAEL: A
follow-up question to that, Mr. Speaker, for either the
Minister of Health and Community Services or the
Minister of Justice, because it follows on a question
that I asked yesterday.
Section 31 of the Access
to Information and Privacy Protection Act states, that
the head of a public body should, without delay,
disclose to the public or an affected group information
about a risk of significant harm. Eastern Health did not
appear to know that that existed and does not appear to
be complying with section 31 since it did not inform all
patients or the public in a timely manner regarding the
problems with ER/PR testing.
Mr. Speaker, my question
for one of the two ministers is: Will this government
put in place a protocol for all health authorities and
other public bodies for releasing information to the
public in the interest of public health?
MR. SPEAKER: The
hon. the Minister of Justice and the Attorney General.
SOME HON. MEMBERS: Hear,
hear!
MR. KENNEDY: I
thank you, Mr. Speaker, and I thank the Member for
Signal Hill-Quidi Vidi for her question.
As I indicated yesterday,
the purpose of the ATIPP Act is to regulate access to
the public and to allow people access to information and
correct it. The hon. member was right yesterday, that in
section 31 there is a public interest override, as she
has read into the record. I would suggest, Mr. Speaker,
that this is an issue that appears to me to come clearly
within the Terms of Reference of the Inquiry. I am
willing to direct my officials to write Commission
counsel and to ask Commission counsel whether or not
they also think it comes within the Terms of Reference
and to examine it at the Inquiry, because I think it is
an important issue and one that could be addressed by
the Inquiry. |
