MR. SPEAKER:
The hon. the Leader of the Opposition
MS JONES:
Thank you, Mr. Speaker.
This afternoon the House of
Assembly will be asked to dismiss the Child and Youth
Advocate, even though no fair hearing has been provided
to address the allegations made against her. The
minister who is bringing forth this motion of dismissal
is the same minister who recently suggested a motion
allowing an independent hearing for the former Citizens’
Representative, Fraser March, saying he deserved to be
heard.
I ask the minister today:
Why are you unwilling to follow
your own precedent and allow an independent hearing for
Ms Neville prior to her being terminated?
MR. SPEAKER:
The hon. the Minister of Finance and
President of Treasury Board.
SOME HON. MEMBERS:
Hear, hear!
MR. T. MARSHALL:
Thank you, Mr. Speaker.
As I have said previously, Mr.
March was not given the opportunity to be heard. He was
not given the opportunity to state his case, therefore
the independent judge was given to him. In this
particular case, Ms Neville has had a number of
opportunities to state her case. Number one is when the
Speaker first suggested a workplace assessment. There
was an opportunity for her to be heard at that
particular time and that was refused. There was then the
whistle-blower application, when the Citizens’
Representative, Mr. Fleming, was attempting to do an
investigation; there was a chance to be heard. The third
time was with respect to when Mr. Fleming could not do
it and asked government to have someone else do it and
Mr. Noseworthy was asked to do it; there was a chance to
be heard. Also, Ms Neville was invited by the Clerk of
the Executive Council, she was informed of the reasons
for the dismissal and was given an opportunity to state
her case.
She has been heard, Mr. Speaker.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
Order, please!
The hon. the Leader of the
Opposition.
MS JONES:
Thank you, Mr. Speaker.
The minister also knows that
Fraser March was invited on two, if not three occasions,
to present to the IEC as well and declined that
opportunity, but still, you felt it was necessary that
he have an independent, judicial review. In addition to
that, Mr. Speaker, the minister also knows that in the
case of the Fleming review there were allegations, or
certainly concerns around conflict of interest.
Mr. Speaker, there is currently an
investigation ongoing by the Public Service Commission
into this situation and cases before the courts that are
waiting to be heard.
I ask the minister today:
Out of fairness and due process,
why are you unwilling to allow these actions to take its
course before voting to dismiss Ms Neville?
MR. SPEAKER:
The hon. the Minister of Finance and
President of Treasury Board.
SOME HON. MEMBERS:
Hear, hear!
MR. T. MARSHALL:
Mr. Speaker, I think I made it clear
on Thursday why government was putting forward and
seeking the concurrence of the House to a resolution to
dismiss the child and citizens’ advocate.
Mr. Speaker, the evidence that has
been presented to all of us, the evidence that was in
the books that was presented to the Child and Youth
Advocate, that was presented to every Cabinet minister,
that was presented to every Member of the House of
Assembly certainly shows a reasonable person that when
you look at the totality of what was available the
question is: Was the mandate of the office being moved
forward or was it being impaired, and I think,
unbalanced? If you look at everything fairly, it was
clear that the mandate of the Citizens’ Representative
was not being advanced and was in fact being impaired
and that is the reason for the dismissal.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Leader of the
Opposition.
MS JONES:
Thank you, Mr. Speaker.
The minister also knows that none
of these issues or cases that he cited really allows for
Ms Neville to be heard, and why an officer of the House
of Assembly who was duly appointed by your government is
not being that opportunity remains questionable.
Mr. Speaker, because this
government did not allow fair process to take place
prior to the Fraser March dismissal, the taxpayers were
forced to cover legal fees and other costs for an
independent review that today has added up to $188,000.
I ask the minister:
Why don’t you allow due process to
take place for Ms Neville to ensure that the taxpayers
of this Province once again will not be faced with an
expensive bill because you did not follow due process
and give this individual an opportunity to be heard in a
fair and independent manner?
MR. SPEAKER:
The hon. the Minister of Finance and
President of Treasury Board.
SOME HON. MEMBERS:
Hear, hear!
MR. T. MARSHALL:
Mr. Speaker, as I said on Thursday,
Ms Neville has been given an opportunity to be heard.
The Leader of the Opposition and
the Government House Leader are of the opinion that that
has to be an oral hearing. The law certainly does not
provide for that. The law provides an opportunity to
state in your case. In this particular case, the Clerk
of the Executive Council met with Ms Neville, met with
her counsel, gave them a letter outlining the reasons
for dismissal and invited them to state their case. That
is an opportunity to be heard, that opportunity has been
given. It has been considered by all hon. members, it
has been considered by government. That is what led
government to move this resolution that is being debated
here today.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Leader of the
Opposition.
MS JONES:
Mr. Speaker, government is stating
now that the reason for dismissal is due to misconduct,
specifically a breach of confidentiality. When the
original suspension took place, there was no mention of
this misconduct. As a matter of fact, the documents
supporting this claim were not presented until November;
months after Ms Neville had been suspended from her job.
I ask the minister:
If misconduct was the reason for
her suspension, why was she not provided with those
reasons in August when the suspension date began?
MR. SPEAKER:
The hon. the Minister of Finance and
President of Treasury Board.
SOME HON. MEMBERS:
Hear, hear!
MR. T. MARSHALL:
Thank you, Mr. Speaker.
Mr. Speaker, as I said on
Thursday, the reasons for dismissal were misconduct, but
it is misconduct not in the criminal sense. It is
misconduct in that the Citizens’ Representative failed,
while leader of the Child and Youth Advocate’s Office,
to deal with the human resource issues and the personnel
issues that were happening in her office. She has not
only failed to deal with them, she failed to admit that
she was even part of the problem. She simply reacted by
blaming everyone else. In addition, being leader in that
office, she refused to address the problem by seeking
help outside. In fact, when help was offered to her by
the Speaker through the workplace assessment, by the
Clerk of the House in offering more resources, it was
always rejected.
That is where she ‘misconducted’
herself. She ‘misconducted’ herself in the operation of
the office by failing to act and failing to accept
responsibility and blaming her staff, and blaming
everyone else and refusing to take responsibility for
what was hers.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
Order, please!
The hon. the Leader of the
Opposition.
MS JONES:
Mr. Speaker, in the minister’s
opening comments in the House he cited very clearly the
cases regarding confidentiality.
Mr. Speaker, when the former
Minister of Innovation, Trade and Rural Development went
on an Open Line program and read from a Cabinet document
no disciplinary action was taken. Even though this is
considered a breach of confidentiality, the former
minister received nothing only support from his
colleagues.
I ask the minister:
What is the difference between a
minister breaking this confidentiality rule and an
officer of the House of Assembly?
MR. SPEAKER:
The hon. the Minister of Finance and
President of Treasury Board.
SOME HON. MEMBERS:
Hear, hear!
MR. T. MARSHALL:
Mr. Speaker, the evidence that was
presented on Thursday, evidence of refusing to act,
refusing to deal with personnel matters, refusing to
recognize serious managerial problems in the office, the
refusal to seek help, the refusal to accept the
assistance of others who were offering resources and
methods in which to resolve the issue once and for all,
all of these, including the breach of confidentiality,
including the breach of the Oath of Office, all of these
things add to a totality of evidence which shows that
there was misconduct here, and that, as a result of that
misconduct, the mandate of the office, a very important
mandate of the office, was not being moved forward. It
was, in fact, being impaired.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Leader of the
Opposition.
MS JONES:
Thank you, Mr. Speaker.
The minister cites poor management
in the Office of the Child and Youth Advocate. Mr.
Speaker, the executive secretary to Ms Neville, who
falls under the House of Assembly and is governed by the
direction of the House of Assembly, has been held out of
service from her physician since August; even though she
was given assurances that she did nothing wrong, she had
been promised another position, however, she still
remains at home.
I ask the minister, if there is
poor management anywhere, it is in handling of this
particular employee under the House of Assembly. I ask
you today: Why has the
executive secretary not been called back to her position
or placed in another position since August?
MR. SPEAKER:
The hon. the Minister of Finance and
President of Treasury Board.
SOME HON. MEMBERS:
Hear, hear!
MR. T. MARSHALL:
I will certainly make inquiries into
that, but it is certainly my understanding that this
House of Assembly and the staff of the House of Assembly
are governed by the House of Assembly Management
Commission. I understand the Leader of the Opposition is
a member of that Commission; maybe she can give us the
answer.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
Order, please!
The hon. the Leader of the
Opposition.
MS JONES:
Thank you, Mr. Speaker.
I do sit as a part of the
Management Commission. However, I was not aware and not
involved in any discussions regarding the executive
secretary in that office. I understand, Mr. Speaker,
that she was terminated by the Speaker’s Office, through
the House of Assembly. She has been given leave with pay
and has not been returned to work.
I ask you today:
Why has this individual not been
placed in another position, because she has not done
anything wrong?
MR. SPEAKER:
Order, please!
The hon. the Minister of Finance
and President of Treasury Board.
SOME HON. MEMBERS:
Hear, hear!
MR. T. MARSHALL:
Mr. Speaker, I am not a member of the
House of Assembly Management Commission. I cannot answer
that question, but obviously that is something that the
Public Service Commission could look into. If there is
anything improper here that is something that could be
put on to the Public Service Commission, it can be
addressed.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Leader of the
Opposition.
MS JONES:
Thank you, Mr. Speaker.
Mr. Speaker,
Amanda Duggan and her family were torn apart over the
past two years by accusations of child abuse. Even when
the RCMP dropped the case against Ms Duggan, Child Youth
and Family Services refused to disclose the information
to the Duggan family or alter their safety plan for the
Duggan’s two children until pressed to do so through the
courts. Once the case hit the media, the Minister of
Child, Youth and Family Services said that she would ask
the Toronto child protection expert, Susan Abell, to
investigate and review what was happening and the
circumstances around this case. Since that time, the
minister has told the Duggan family that they will not
actually do a full investigation into their case.
I ask the minister
today: If she can clarify what
type of investigation will be done and what her
intentions are?
MR.
SPEAKER: The hon. the
Minister of Child, Youth and Family Services.
SOME HON. MEMBERS:
Hear, hear!
MS
BURKE: Thank you, Mr.
Speaker.
Mr. Speaker,
probably most of the cases that are being dealt with
through Child, Youth and Family Services, through the
social workers do not necessarily ever result in
criminal charges.
Mr. Speaker, in
this particular case, we have asked for a review to look
at how various agencies share information. Because in
this particular case Child, Youth and Family Services
also had to work with the Janeway Child Protection Unit,
as well as the RCMP. In this particular case,
information had to be shared between these three
agencies. It had to be shared in a timely fashion and it
also had to be shared to be able to feed into the court
processes as well. So, Mr. Speaker, the review that we
are looking at, that will be conducted by Susan Abell,
will look at that process of how each file or each of
these agencies did their work and how they shared
information because, Mr. Speaker, if there is a
breakdown in the sharing of the information there
certainly becomes a breakdown in the case work as well.
SOME
HON. MEMBERS: Hear, hear!
MR. SPEAKER:
The hon. the Leader of the
Opposition.
MS JONES:
Thank you, Mr. Speaker.
Under Child, Youth
and Family Services the legislation stipulates that
protective intervention cases must be settled within
sixty days. This is a case where the Duggan family’s
lives were held in limbo for sixteen months. They had to
spend $35,000 in legal fees to access information from
the Department of Child, Youth and Family Services in
order to gain custody of their children again.
I ask you today, Minister, given
the fact that no information was disclosed to this
family outside of the court process, given that your
department delayed court hearings throughout the entire
process and refused to follow judge’s orders to allow
the Duggan’s more time with their children, and given
the fact that there was no proof that any of –
MR. SPEAKER:
Order, please!
I ask the hon. member to pose her
question.
MS JONES:
Thank you, Mr. Speaker.
Given the fact
that there was no proof of any allegations made against
them: Does this not merit a full investigation of the
circumstances surrounding this case?
MR. SPEAKER:
Order, please!
The hon. the Minister of Child
Youth and Family Services.
SOME HON. MEMBERS:
Hear, hear!
MS BURKE:
Thank you, Mr. Speaker.
One thing I have to note, and it
is an important point that was asked by the Leader of
the Opposition, is that we have time frames in our
legislation that basically we are unable to meet. The
legislation came in, in 2000, certainly stipulates time
frames in which cases need to be dealt with, but because
these cases have to go to court, people have a right, I
guess, to counsel, to get information, to be able to
have access to information, that we are rarely able to
meet the time frames as set out in legislation.
One thing that we are in the
process of doing now, and I had indicated this in the
House of Assembly to previous questions, is that we are
doing a legislative review. Stakeholder groups are being
contacted. We have heard many concerns from the social
workers across the Province, and, Mr. Speaker, before we
make any fundamental changes, we certainly have to make
sure that we have legislation that is workable, not just
for the clients but for the social workers as well.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Leader of the
Opposition.
MS JONES:
Thank you, Mr. Speaker.
A legislative review is fine, I
say to the minister, but this is a very serious case
where parents were separated from their children for
extended periods of time without any just cause. Only
because they went to the courts and they spent the money
are they today united with their children.
That should cause you enough
concern to do a full investigation into this case and I
ask that you do just that.
MR. SPEAKER:
The hon. the Minister of Child, Youth
and Family Services.
SOME HON. MEMBERS:
Hear, hear!
MS BURKE:
Mr. Speaker, we are having a review
conducted by Susan Abell, who did our clinical services
review and I have great confidence in her work. Mr.
Speaker, because Child, Youth and Family Services were
only one of three agencies that played a role in how
this case was processed, we want to review the lines of
communication, how each file was reviewed, how the work
was being done, and how that information was shared
within the agencies that need to share this information
because Child, Youth and Family Services can only work
with the information that is coming from the child
protection unit at the Janeway, as well as the RCMP who
were doing an investigation at that time.
Mr. Speaker, one thing we really
need to look at is how we work together, because as I
said before, the decisions on this case were not just
based primarily in information that was contained with
Child, Youth and Family Services.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Leader of the
Opposition.
MS JONES:
Thank you, Mr. Speaker.
Over the past two years we have
been asking this government for legislation for health
professionals, such as midwives and acupuncturists, and
we keep being told that it is coming, it is coming.
Again, we have not seen the legislation in the fall
session of the House. However, in August we did receive
a letter from the Health Minister committing that this
legislation would be introduced in this session.
We would like to know, Mr.
Speaker: Why it did not get
presented and if we can look forward to seeing it
anytime in the near future?
MR. SPEAKER:
The hon. the Minister of Health and
Community Services.
SOME HON. MEMBERS:
Hear, hear!
MR. KENNEDY:
Thank you, Mr. Speaker.
We are working on the health
professions act. The act is drafted. However, there has
to be a consultation process, as pointed out by the
Opposition Leader. She has named a number of the groups
that are involved in this piece of legislation. However,
there are numerous groups that are seeking to come under
this type of umbrella legislation.
There will be some consultations
in the very near future, Mr. Speaker. It is complicated
in terms of some of the groups are very small and you
have to have disciplinary proceedings in there. So, it
is still a work in progress. I can tell the Opposition
Leader, that we have made good progress but we are not
exactly where I want to be at this point.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Member for the District
of The Straits & White Bay North.
MR. DEAN:
Thank you, Mr. Speaker.
We have been receiving e-mails
from communities across the Province on the issue of
broadband Internet access. The four immediate
neighbouring communities of St. Anthony do not have that
access in their areas. Residents of Newfoundland and
Labrador have become impatient with the fact that they
still have to rely on dial-up access to the Internet. It
leaves residents, obviously, at a severe disadvantage in
terms of access to education, Web-based employment and
so on.
My question to the minister is:
What can you tell these families
about when they can expect the same basic Internet
services as those in the urban parts of the Province?
MR. SPEAKER:
The hon. the Minister of Innovation,
Trade and Rural Development.
SOME HON. MEMBERS:
Hear, hear!
MR. SKINNER:
Thank you, Mr. Speaker.
As the hon. member across the way
would know, these services are federally regulated.
Within the provincial mandate, we do have a government
Broadband Initiative that we are working towards. We
currently have over 85 per cent of the Province
connected to high-speed Internet. We hope to bring that
up into the 95 per cent to 98 per cent range and we are
actively working towards that, Mr. Speaker.
We do have a number of our schools
under various programs like the CDLI program that are
connected to high-speed Internet for educational
purposes, but it is something we are aware of and
working towards.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Member for the District
of The Straits & White Bay North.
MR. DEAN:
Thank you, Mr. Speaker.
The broadband initiative is
focused on schools, government offices, libraries and
other governmental institution users. Broadband access
for individual users is left to the communication
companies who will piggyback on those
government-sponsored services to offer similar services
to local residents.
My question to the minister again
would be: What requirements
will you place on these communication companies to
ensure that private users will have broadband access,
and not just those living immediately adjacent to the
government offices?
MR. SPEAKER:
The hon. the Minister of Innovation,
Trade and Rural Development.
SOME HON. MEMBERS:
Hear, hear!
MR. SKINNER:
Thank you, Mr. Speaker.
Mr. Speaker, the government
broadband initiative that we are working toward will
bring full high-speed Internet services to a number of
government offices, non-governmental offices,
community-based groups where there is a government
presence, hospitals, health care facilities, schools,
depots, and courthouses. There are all kinds of places
that we will bring it. In doing that, we will make the
business case better for the private market to be able
to provide Internet services to a number of households,
a number of individuals. The issue right now is, given
the geography of some of the Province, it is not, from a
business case perspective; it is not possible for these
private carriers to bring that Internet service in. What
we are trying to do is make sure we move the
infrastructure closer to the people who need it, so that
people are able to access the services.
Thank you.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Opposition House Leader.
MR. KELVIN PARSONS:
Thank you, Mr. Speaker.
I am really not certain who to
direct the question to, and I guess it is government at
liberty to decide who responds.
Mr. Speaker, our office recently
submitted access to information requests to both the
House of Assembly and the Public Service Commission with
a simple question: Could you
please provide us a list of staff currently on political
contract within both bodies? Our request was
originally refused by both bodies. We appealed to the
Information and Privacy Commissioner and won the appeal.
Since that time the House of Assembly has, in fact,
fulfilled their obligation and released the requested
information. Government, however, is refusing.
I ask the minister, or the
Premier: If government was
following the ATIPP legislation, why would the identical
request, which was fulfilled by the House of Assembly,
why is it being rejected by government?
MR. SPEAKER:
The hon. the Minister of Finance and
President of Treasury Board.
SOME HON. MEMBERS:
Hear, hear!
MR. T. MARSHALL:
Mr. Speaker, I think the hon. member
mentioned the Public Service Commission; if that is
correct, that would be my responsibility and I will
certainly undertake, when I go back to the office today,
to seek out that information and ensure the appropriate
information is released, if we are required to do so.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Opposition House Leader.
MR. KELVIN PARSONS:
Thank you, Mr. Speaker.
Mr. Speaker, our office is not the
only one being refused information under the access to
information act recently. It was reported in The
Telegram, for example, their office has also been
refused information related to government commissioned
polling questions. Even though the Information and
Privacy Commissioner already ruled that those questions
should be released, government has again refused to
release those questions.
I ask the minister:
Why is government, again, refusing
to release questions that were asked of the people of
this Province and paid for by their tax dollars?
MR. SPEAKER:
The hon. the Minister of Finance and
President of Treasury Board.
MR. T. MARSHALL:
Mr. Speaker, I do not know if this
question is for me, but I will be happy to answer it. He
keeps saying government refused. I want to point out to
the members of this House, and I want to point out to
the people of the Province, that under the ATIPP
legislation, yes, there is a general rule that the
information is provided, but there are many exceptions
to that rule. There are certain types of information
that the act says you cannot release and it would be
illegal to release it. There are other types of
information that is left to the discretion of the
government whether it can be released.
You are saying it was refused to
be released, well there may be a difference of opinion
here. It is normal that people will have differences of
opinion. It is normal that people of goodwill can have
profound differences of opinion, and that is why we have
access to the Supreme Court of Newfoundland and Labrador
to help us properly interpret this legislation.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Opposition House Leader.
MR. KELVIN PARSONS:
Thank you, Mr. Speaker.
Just so we are clear here and the
minister is clear, we are not talking here about a
difference of opinion. There was already an established
precedent whereby the Privacy Commissioner ruled
government was wrong, you should release the information
and government subsequently released it. I am just
asking now: Why, when we have
an identical situation, you do not follow your own
precedent and release the polling questions as you did
the last time? Now that is not rocket science to figure
that out, and that is not an opinion.
Mr. Speaker, -
SOME HON. MEMBERS:
Oh, oh!
MR. SPEAKER:
Order, please!
MR. KELVIN PARSONS:
- the forensic centre for public
policy recently completed a review of every province in
Canada of their health care system. In the category
related to a patient’s right to information Newfoundland
and Labrador ranked last - dead last.
I ask the minister:
Why is this government so far
behind when it comes to sharing information with the
public? Why are you not being open and accountable as
you profess to be?
MR. SPEAKER:
Order, please!
The hon. the Minister of Health
and Community Services.
SOME HON. MEMBERS:
Hear, hear!
MR. KENNEDY:
Yes, Mr. Speaker, for the Opposition
House Leader to say that this government is far behind,
I would suggest, Mr. Speaker, is at a minimum to
inaccurately state. We are currently spending 40 per
cent of our budget, our $2.6 billion on health care, Mr.
Speaker.
SOME HON. MEMBERS:
Hear, hear!
MR. KENNEDY:
There has been $1 billion increase
over five years, Mr. Speaker. We are doubling the budget
of over a decade ago. We are spending the second most
per capita, Mr. Speaker, in this country next to
Alberta, and we are only a little bit behind them.
Mr. Speaker, we have made great
strides with our health care system. Are there things
that we have to work on? Certainly. Mr. Speaker, what we
are trying to do are address issues in the health care
system, people’s right to information is certainly
something that I have no problem with and if it is not
being properly provided, we can check into it.
Mr. Speaker, we have to look at
the big picture here. There are a lot of positive things
happening in our health care system. Those positive
things, Mr. Speaker, are the things that we will
continue to emphasize as we improve our health care
system.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Member for the District
of Signal Hill-Quidi Vidi.
MS MICHAEL:
Thank you very much, Mr. Speaker.
Mr. Speaker, statutory offices of
the House of Assembly are set up to be at arm’s-length
from government so that they can investigate, among
other things, government departments when and as needed.
So, Mr. Speaker, it was surprising last week on December
10, when the Minister of Child, Youth and Family
Services stated in the House that the minister and the
Acting Child and Youth Advocate were in correspondence
over the merits of an investigation that would be
dealing with the minister’s department.
Mr. Speaker, I ask the Premier: Is
the Office of the Child and Youth Advocate still at
arm’s-length from his government?
MR. SPEAKER:
Order, please!
The hon. the Minister of Child,
Youth and Family Services.
SOME HON. MEMBERS:
Hear, hear!
MS BURKE:
Mr. Speaker, I certainly welcome the
question from the Leader of the NDP because I had
written the Child and Youth Advocate and it had nothing
to do with the investigation or what was going on with
the investigation. I wrote because I had received
correspondence from the family in Labrador - I guess
they are considered victims of the fire - and they were
concerned that there has been a public announcement
about the investigation, but nobody had spoken with them
beforehand to tell them that it was being referred to
the Advocate’s office or that it would be investigated.
They wrote me with their concerns.
I passed the concerns onto the Advocate because,
certainly, it was from the Advocate’s office not from
Child, Youth and Family Services. The Advocate responded
to my letter that I wrote him that was prompted from the
family in Labrador, and in that letter he acknowledged
that there is a process of policy to follow regarding
notification and he provided his comments to me that the
investigation would continue. So it was not that I had
asked him for an update of the investigation.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
Order, please!
The hon. the Member for the
District of Signal Hill-Quidi Vidi.
MS MICHAEL:
Thank you, Mr. Speaker.
Mr. Speaker, I would remind the
minister of what else she said when she put this
information out here on December 10. She said that the
Advocate had given an opinion with regard to the
investigation that he agreed with the initial decisions
by the Director of Advocacy not to do an investigation,
but he was now going to have to do it because of the
decision of the suspended Advocate.
So, I ask the minister, Mr.
Speaker: Did she let the temporary Advocate know that
his having that discussion with her was not an
acceptable thing to do?
MR. SPEAKER:
The hon. the Minister of Child, Youth
and Family Services.
SOME HON. MEMBERS:
Hear, hear!
MS BURKE:
Mr. Speaker, there have been a number
of investigations into the Labrador fire. There is an
internal investigation, there is a fire commissioner’s
investigation - the fire commissioner’s office looked at
it.
Mr. Speaker, he may have sent up
those comments, but I, in no way, engaged in any
conversation, I did not phone him about it and I did not
ask him any questions about it. As far as I am
concerned, it is arm’s-length. He can have whatever
opinion he wants. He can express it all he wants, but,
Mr. Speaker, it was not for me to debate that back with
him to ask any further questions.
I do not doubt, for a second, that
the Child and Youth Advocate’s office will perform a
very professional assessment. If there are any
recommendations or insights that will help us as a
department, we will certainly be very interested in
looking at that to see how we can improve services. I,
in no way, went back or debated or engaged in any
conversation or correspondence. He offered his opinion –
SOME HON. MEMBERS:
Oh, oh!
MR. SPEAKER:
Order, please!
MS BURKE:
I never asked for his opinion. It was
given to me and I just accepted it for what it was.
MR. SPEAKER:
Order, please!
The hon. the Member for the
District of Signal Hill-Quidi Vidi.
MS MICHAEL:
Thank you very much, Mr. Speaker.
Mr. Speaker, it was the minister
who made this information public here in this House on
December 10. It seems to me now that we have a
compromised situation because this information that the
Advocate gave, this opinion to the minister, is now
public.
I want to know: How the House of
Assembly and the public can be assured that the
Advocate’s office will be able to carry on an unbiased
investigation into the minister’s department and staff
who work under her?
MR. SPEAKER:
The hon. the Minister of Child, Youth
and Family Services.
SOME HON. MEMBERS:
Hear, hear!
MS BURKE:
Mr. Speaker, as I had said, I do not
doubt for a second that there is very professional staff
down at the Advocate’s office. It is great to see that
the Advocate’s office will be producing some work; I
certainly welcome it.
Mr. Speaker, we will do nothing to
interfere with this investigation. My staff – any staff
in the department will co-operate fully with the
investigation. If there are any concerns regarding the
independence of that office that is something that the
Management Commission or the House of Assembly can look
at.
Certainly, as the Minister of
Child, Youth and Family Services, I do not question the
fact that they will do an unbiased report, a very
professional report. We will accept that report; we will
look at any recommendations that may come forward. If
there is some way that we can improve service, we will.
Mr. Speaker, what is important to
remember here is this government created the Department
of Child, Youth and Family Services so we can improve
services to the children in Newfoundland and Labrador.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
Order, please!
The time allotted for questions
and answers has expired.