House of Assembly
Newfoundland and Labrador

Oral Questions
May 14, 2009

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MS JONES:

Thank you, Mr. Speaker.

In April, May, June and July of 2008, Eastern Health accumulated over 62,000 hours of nursing time during that four-month period. It is equivalent to over 5,000 twelve-hour shifts of overtime.

I ask the Premier: If he can indicate to us today what other government employees have that level of overtime in our system, and I ask if they think this is an acceptable workload to expect from nurses?

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

SOME HON. MEMBERS: Hear, hear!

MR. WISEMAN: Mr. Speaker, I do not know across government. My colleague, the President of Treasury Board, might have some stats across government, but I suspect, Mr. Speaker, I truly suspect that is probably the highest of any employee group in the public service.

There are a number of reasons for that. Last year alone, we have about 5,000 nurses, on average each of them used about twenty days of unscheduled leave, unplanned leave. Now if you combine that with the fact that in December, 2008 the Canadian Centre for Help Information came out with a stat that said that we have the highest proportion of nurses working in permanent positions than anywhere else in the entire country, because that is what the nurses asked us to do. The compromise here though, Mr. Speaker, is when you do that, you do not have as many nurses available for relief. So they have to fundamentally do their own relief, and that is where the overtime is driven in many cases.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

If you look at those statistics and you also look at the fact that during that four-month period there was also 23,000 hours of overtime accumulated at the Health Sciences Centre alone, it is a clear indication that there is a lack of nurses in hospitals in this Province.

I ask the government today: If this level of overtime is required to cover regular nursing shifts, why would government even threaten to remove the monetary benefits that they were designing to address the recruitment and retention problem that exists in this profession?

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

SOME HON. MEMBERS: Hear, hear!

MR. WISEMAN: What the member is highlighting here for us is something that I said yesterday in a couple of comments I made to the press. The actions and the decisions made by the nurses’ union to start a job action next Wednesday, and to remove all overtime, puts the health system in a much more compromising position than if they had gone forward with what has normally been referred to as standard strike, where they withdraw the service and, in fact, have a picket line and all the other things that we tend to associate with strikes.

Their decision that they announced this week puts patients in a much more compromising position than if they were to ever follow through with what is normally expected in a strike situation. Because, in that situation, in order for them to have a legal strike, they need to have essential employee agreements in place and that would cover off those critical areas and would respond to patient safety issues that are going to arise in the health system, I say, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

Not only do we have concerns with the fact that overtime is being pulled back by nurses in the Province, but this morning I was notified in writing by one nurse who had submitted his resignation to Western Health because of this situation, and I hope it is not the beginning of more resignations.

I ask government today: Instead of allowing our system to free fall into a devastating situation, that we are unable to bring stability to the health care sector, will you not reconsider your decisions and go to binding arbitration on these two issues so that we can avoid any cutback in overtime, any legislating back to work, and nurses from resigning from the system?

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

SOME HON. MEMBERS: Hear, hear!

MR. KENNEDY: Thank you, Mr. Speaker.

The law imposes upon us a duty to bargain in good faith. We have demonstrated our good faith, Mr. Speaker, by offering significant increases in wages, by offering to look at other issues. We were more than generous in our offer to the nurses. On March 26 we first made the announcement of the steps we were willing to take.

Mr. Speaker, for six weeks now we have been begging people to take a 31 per cent raise. In these economic times it is unbelievable that it is being turned down. There comes a point in time, however, where you cannot have your cake and eat it too.

In this particular case, the Supreme Court of Canada has said there is a right to a process, not an outcome. We have bargained in good faith. It is the nurses’ union that has been intransigent and inflexible.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

The government is insistent on bringing in the labour market adjustment clause for nurses in this Province, but back a few year ago there was an issue with regard to recruitment and retention of nurses in Coastal Labrador communities. At that time, there was a private negotiation or deal done between the government and the nurses’ union to pay out recruitment and retention bonuses to nurses who would work in Coastal Labrador communities. That was done in the absence of any labour market adjustment policy.

Why does it need to be done differently today? Isn’t the precedent already there to deal with these situations?

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

I ask members for their co-operation.

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

SOME HON. MEMBERS: Hear, hear!

MR. KENNEDY: Mr. Speaker, from day one in these negotiations the nurses’ union have maintained that this is about recruitment and retention. We know that there have been market adjustments utilized, and are being utilized, by our health boards. There have been, for example, sign-on bonuses, there have been other types of recruitment incentives, and they have been working.

The market adjustment is something that, as a government, we need to allow flexibility to address situations in exceptional circumstances, in hard-to-fill positions. It allows us, as a government, to deal with the issue of recruitment and retention, and that is what the nurses have asked us to do. That is what we have been doing.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

It is true, though, Minister, that this clause will allow you, as a government, to arbitrarily negotiate with individuals within the health care system and therefore bypass the union altogether, and give government that responsibility, and not have to deal collectively with their union process?

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

SOME HON. MEMBERS: Hear, hear!

MR. KENNEDY: I reiterate, Mr. Speaker, that what this clause allows us to do is to address recruitment and retention, which we were told by the nurses’ union is their number one concern.

I say to you, Mr. Speaker, that 30,000 other public sector employees have agreed to these clauses, that we have all of the major unions which have agreed. So, in essence, we have a clause that is being made the focus of an intention by the nurses’ union to further a national agenda, because from day one the president of the union has said we are going to take the government to court.

Well, I suggest to the president of the union and her legal advisors that they might want to have a closer read of that B.C. health services case than they have done so far.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

What I hear is the minister admitting that negotiating with the union on specific cases, like happened with benefit agreements for recruitment and retention in Labrador, did work and there needs to be no additional clauses.

Mr. Speaker, what I do not understand is, in a time when there is a recognition by the government opposite that we have a serious deficiency in the nursing profession in this Province, why they would be threatening nurses to legislate them back to work if they were to take strike action under conditions and negotiated conditions other than what is on the table today. Why would you do that?

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

SOME HON. MEMBERS: Hear, hear!

MR. KENNEDY: Mr. Speaker, I became the Minister of Finance when the world was turning upside down from a financial perspective. We have seen the jobs that have been lost across this country. We have seen the jobs that have been lost in Grand Falls-Windsor. We know what is going on in Labrador West.

To offer a starting nurse, to say to him or her, your salary will be $60,000 after this contract, or by the time it ends, it is a 31 per cent raise. To say to a senior nurse, 72 per cent of which are on step seven, that you will get a 27 per cent raise, we will make you the highest paid nurses in Eastern Canada - east of Ontario, excuse me - Mr. Speaker, I say is more than generous.

Sixty thousand dollars to start in a profession is not bad, especially in these economic times, and, for the life of me, I cannot see why we are stuck on this market adjustment clause, other than the union has another agenda and that is what is going on here.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

Yesterday government released an external report into the Province’s child protection system, which demonstrated very little has changed since the 2003 murder of Zachary Turner. In fact, Mr. Speaker, the report identified five systematic barriers to the achievement of a baseline standard of Child, Youth and Family Services.

I ask the Minister of Child, Youth and Family Services - we know that your government has taken many necessary actions since receiving this report, including the acceptance of its ten recommendations. I ask you today if you can tell the public what the plan and timelines are for addressing these key findings in the report.

MR. SPEAKER: The hon. the Minister of Child, Youth and Family Services.

SOME HON. MEMBERS: Hear, hear!

MS BURKE: Mr. Speaker, we have received the report from Susan Abell, as I had released yesterday and mentioned here in the House of Assembly. As Ms Abell points out in the report, and something that this government has reiterated as well, in order to truly be able to address the issues that we have in Child, Youth and Family Services right now, a series of quick fixes is not going to do it, and Ms Abell says that in her report. She indicates that it is going to take years for us to be able to have the system that we absolutely need in this Province. We are committed to do that, Mr. Speaker.

One of the first actions that I will be taking is to appoint the leadership team. We are going to need people who have a very strong background in social work and social work theory, and case management and risk assessment, and who understand the child protection process. I am hoping within the next week or so to have that leadership team in place.

We are going to take each of the areas that have recommendations. We are going to work with the existing division, the executive, and through that leadership team we are going to have action plans, we are going to have time frames, so that we can monitor our progress and see how we are doing; but, Mr. Speaker, we are determined that we are going to address all of these recommendations and build the best system we possibly can build.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

One of the key systemic barriers to the improvement of Child, Youth and Family Services that was identified in the report was the lack of leadership, and I certainly thank the minister for acknowledging that and indicating what her intentions are.

After the release of the Turner Review in 2006, your government committed to engage with experts from the Centre of Excellence for Child Welfare to provide expert knowledge in the area of research and evaluation and best practices.

I am just wondering if that did occur. If so, were there any policies that were reported, or were there any changes that took place at that time?

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 initiatives that have started following the Turner report. In fact this government, since 2006, has invested, on an annual basis, $24 million into Child, Youth and Family Services.

What is important to note here, Mr. Speaker - because this is very serious work that we need to undertake as a department - is that we cannot go at this in an ad hoc way. We cannot go at this now and invest in training and development, or invest in policies and procedures.

We need to take each one of these recommendations and we need to make sure that as we address one we fit it together with the next. We need to do a legislative review; that should drive the policies and procedures. The policies and procedures should, in turn, drive the staff development and training that needs to take place. That, in turn, should assist in quality control.

So what we need to be careful of, is no matter what has been done up to this point, we need to make sure that we look at every piece of the puzzle and everything fits together; because, unless it is done with an integrated approach, Mr. Speaker, we will not be able to build the best system that we need.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

Government funded 129 new social worker positions since 2006, and I think the minister indicated that yesterday. Yet, the report notes that only 50 per cent of the children in care had the base monthly visit from a social worker, and only 12 per cent of the children in protective care had such visits.

I ask the minister today if this was a result of vacancies in these social work positions and if there was a problem with trying to fill them. If it was, has that now been resolved?

MR. SPEAKER: The hon. the Minister of Child, Youth and Family Services.

SOME HON. MEMBERS: Hear, hear!

MS BURKE: Mr. Speaker, there is no quick or simple answer to why the social workers did not see the children as required under the minimum requirements in their jobs, but I will talk about the workforce instability because that is something that has plagued this system.

What happens, Mr. Speaker, is people who come in to do child protection work do the most difficult form of social work and they are in the most highly accountable positions that they can be in. Within the whole system, whether it is Health and Community Services or Child, Youth and Family Services, a social worker always has the option to apply on an internal competition to another position, whether it is in mental health or addictions, continuing care, youth corrections, youth services, whatever.

What happens, Mr. Speaker, is most people will try to get out of these highly accountable positions because of the responsibility that these positions entail, and the pay is equal for each and every social work position, including the people doing child protection. So a lot of times we have had case turnover because we have the newest, most inexperienced workers coming into these positions who are seeking out other options within the health care field.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

The Clinical Services Review analyzed a random sample of 400 active cases in Child, Youth and Family Services, and deficiencies were identified in close to 20 per cent of those cases.

I ask the minister: Have the cases where a deficiency was identified been reviewed since you first received the report, and how will you deal with the more than 9,000 other files that have not been reviewed to date?

MR. SPEAKER: The hon. the Minister of Child, Youth and Family Services.

SOME HON. MEMBERS: Hear, hear!

MS BURKE: Mr. Speaker, in the review that was done by Susan Abell and her colleagues there were sixty-eight cases out of the 400 that were sent back to the regions for immediate follow-up, so they identified gaps that needed follow-up. In addition to that, Mr. Speaker, what we have instructed was, we want every case on the protective intervention caseload reviewed so that any gaps in services that are identified will need to be addressed. This has been an ongoing piece of work within the regional health authorities.

In addition to that, Mr. Speaker, based on this report, it also notes that there were a number of cases that were screened out from receiving services; however, they did have a previous file with Child, Youth and Family Services or were recently terminated from the services. I have also asked that the authorities go back, review the cases that were screened out, that had previous intervention with the division, and to ensure that there is an appropriate critical analysis done to either confirm that it should be screened out or to provide the appropriate service.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Mr. Speaker, the Child, Youth and Family Services Act itself highlighted the harmful effect of judicial delay for child protection services, and our office has also heard stories of a two-year wait to have a child protection case heard in court. We know that your department has taken a lead on bringing changes to our court system and to reduce delays for child protective intervention.

I am wondering if the Minister of Justice, I guess, could give us an update, and whether your department has implemented the alternative dispute resolution process that was announced back in 2008.

MR. SPEAKER: The hon. the Minister of Child, Youth and Family Services.

SOME HON. MEMBERS: Hear, hear!

MS BURKE: Mr. Speaker, we are committed to doing a legislative review of the act that guides the work of Child, Youth and Family Services. It also says in the report that the legislation we have now is not sufficiently child-focused, and there is balance that needs to happen. This is a debate that happens right across the country, probably across North America and the world, where we have child protection services. There is a pendulum that swings between the preservation of the family or the rights of the child, and be child-focused.

Mr. Speaker, it seems at this point in time we are probably more leaning towards family preservation, which is still a very important concept as we work through these issues, but in saying that we also need to make sure that our legislation is child-focused as well.

As we do this legislative review we will certainly try to strike the balance that is absolutely necessary with one thing in mind, and that is the protection of the children.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

Also with regard to protective intervention programs, the authors of this particular report noted that when they were investigating complaints of child maltreatment, that social workers’ evidence - I guess there were collections of information and documentation and interviews and some other evidence - was not necessarily documented appropriately in case files.

I ask the minister today: What immediate measures is your department taking to ensure that this approach to these investigations into child maltreatment is being documented in a more appropriate manner?

MR. SPEAKER: The hon. the Minister of Child, Youth and Family Services.

SOME HON. MEMBERS: Hear, hear!

MS BURKE: Mr. Speaker, one of the recommendations from the Abell report also includes documentation, so there is going to need to be significant work done in that area; but, at a minimum, because the reports or the files probably have not been documented appropriately, we have asked - and I have said this before, and this should capture some of the issues with documentation - we have asked that all files under the protective intervention caseload be reviewed so that we can identify gaps and provide the appropriate intervention.

I have also asked that critical analysis be done on the cases that were screened out. Again, if the documentation was the problem, or it was not documented appropriately and they got screened out, they should be captured in this review so that the appropriate services can be applied.

Thank you.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

The report also noted that 22 per cent of the children in care and 21 per cent of the youth in care had been in the child welfare system previously, and it also notes that fewer than 10 per cent of protective intervention cases contained the family centered action plan.

I ask the minister today: What will be done to give parents the skills and resources to provide their children with a healthy, safe, life home and to end this instability that have been existing in these caseloads?

MR. SPEAKER: The hon. the Minister of Child, Youth and Family Services.

SOME HON. MEMBERS: Hear, hear!

MS BURKE: Mr. Speaker, that is a very important question that was just asked because we are here saying now that we want the preservation of the family as opposed to taking the child out, and that is exactly what Susan Abell said was one of the criticisms of this legislation that we are working under right now, that it is not child focused. So we need to be able to look at the protection of the child and put that as our first priority as opposed to preserving the family.

Mr. Speaker, there is also a very sobering statistic that I would like to share with the people in the House of Assembly today. Even when the most intensive, in-house interventions are provided to parents in their homes, studies will reveal that still 40 per cent of children in those homes will suffer re-abuse.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Thank you, Mr. Speaker.

Just to switch to the Minister of Natural Resources.

Eighty-seven silviculture workers in Central Newfoundland have run out of work in the woods and they are wondering when government is going to launch its program with regard to silviculture. There are 3 million seedlings and 1,100 hectares of land, I think, to be planted and many of these workers are unsure if they are going to be recalled to work.

I ask the minister today: What the plan is for these employees?

MR. SPEAKER: The hon. the Minister of Natural Resources and Deputy Premier.

SOME HON. MEMBERS: Hear, hear!

MS DUNDERDALE: Thank you, Mr. Speaker.

There are several agencies that do silviculture in our timberlands in this Province. As a government, we have people, silviculturists who work for the government and do work on behalf of the government. Abitibi had silviculturists who worked for them and were under the CEP and worked under that organization. We have a non-profit organization that operates in the Province who does silviculture work in the Province.

In terms of our own government program, Mr. Speaker, that work is proceeding as it does on an annual basis. In terms of the silviculturists who were affected by the shutdown of Abitibi, we are working very closely with them, Mr. Speaker, to try and be innovative and find ways to get the work that Abitibi normally would have done, completed this season.

SOME HON. MEMBERS: Hear, hear!

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

MS JONES: Mr. Speaker, I understood that there was a five-year silviculture agreement that existed between the Province and AbitibiBowater, and these eighty-seven employees have been telling me that there is something like 3 million seedlings that need to be planted. They thought they would start work a week ago but they have not been notified and had any response from government.

So I ask the minister today: Can she give a firm commitment that these people will indeed have a job and that these seedlings will be planted this spring?

MR. SPEAKER: The hon. the Minister of Natural Resources and Deputy Premier.

SOME HON. MEMBERS: Hear, hear!

MS DUNDERDALE: Thank you, Mr. Speaker.

Yes, Mr. Speaker, there is an agreement between the Government of Newfoundland and Labrador and Abitibi for silviculture work. Abitibi was responsible for having that work done. The silviculture people who did that work were part of the CEP, separate from government’s silviculture program and also separate from a silviculture program that is also delivered by a non-profit agency.

Our program is going ahead as per usual, Mr. Speaker. We are trying to work with Abitibi and with the silviculturalists and their union to find an innovative way to get Abitibi’s work done, because Abitibi has indicated that they are not going to do the work. We are finding a way, working with the union, to ensure that that work goes ahead and hopefully we will be able to make an announcement in the very near future.

SOME HON. MEMBERS: Hear, hear!

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

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

On March of this year, the last remaining pulp and paper mill in the Province, Corner Brook Pulp and Paper, announced an eight-week shutdown of the number four paper machine, resulting in a temporary layoff of thirty unionized workers. This shutdown was scheduled to be from March 22 to May 17. This week, the company announced that the machine will not be brought back into operation. It will remain idle, indefinitely, and those thirty workers will remain unemployed.

I ask the Minister of Natural Resources: What, if any, discussions have been ongoing between government and the company with respect to number four and to ensure that it will re-operate in the future?

MR. SPEAKER: The hon. the Minister Responsible for the Forestry Sector.

SOME HON. MEMBERS: Hear, hear!

MS DUNDERDALE: Thank you, Mr. Speaker.

Mr. Speaker, first of all I have to correct the Opposition House Leader. Thirty people were not laid off. Thirty people were affected. In fact, there has been no job loss. There has been hours of workers on the call-in list affected but there have been no layoffs permanent or temporary as a result of the shutdown of number four.

Now, Mr. Speaker, Corner Brook Pulp and Paper made it quite clear in their announcement yesterday that markets have not improved. In fact, one of their largest customers does not have the need and requires less paper.

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER: Order, please!

MS DUNDERDALE: So, because of those circumstances, number four will, from a month-to-month basis, continue to be shut down.

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, we know that there is a great deal of anxiety felt by offshore workers and their families about the resumption of the helicopter flights to the offshore installations. We have heard from some of these workers that even after the company briefings they are still very concerned that flights could be starting as early as Monday of next week. Industry is adhering to the standards required to operate in the offshore but the anxiety among workers is that the standards are not good enough.

Mr. Speaker, I ask the Premier: Will this government bring to the Canada-Newfoundland and Labrador Offshore Petroleum Board a request that the board include in its review – the review that is carrying out regarding helicopter transport – the question of the adequacy of safety standards?

MR. SPEAKER: The hon. the Minister of Natural Resources.

SOME HON. MEMBERS: Hear, hear!

MS DUNDERDALE: Thank you, Mr. Speaker.

The transportation of workers offshore by helicopter is regulated by Transport Canada Aviation. The Leader of the NDP is correct in saying that the C-NLOPB does have a role in terms of its chief safety officer, in also ensuring that the mode of transportation is safe and secure, and that is their job. They have a primary concern with the safety of employees on helicopter travel back and forth to the rigs. We have every confidence, Mr. Speaker, that they will exercise that responsibility; do everything that they can to ensure that the safety of workers is protected.

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.

Since the March 12 accident, safety in the offshore has become a very public matter.

Mr. Speaker, on March 23 we asked if government would support making public the safety audits for all areas conducted by the C-NLOPB and, Mr. Speaker, at the time the Minister of Natural Resources said she would take the request under advisement.

So, it has been almost two months now, Mr. Speaker, and could the minister update the House on her efforts in this regard?

MR. SPEAKER: The hon. the Minister of Natural Resources and Deputy Premier.

SOME HON. MEMBERS: Hear, hear!

MS DUNDERDALE: Thank you, Mr. Speaker.

Mr. Speaker, this government is very concerned with safety in the offshore. Even though we do not have any direct responsibility for the safety of our offshore workers, it is something that we pay a great deal of attention to. Even more emphasis has been brought to it, given the tragic circumstances that we have had to deal with in the last several months.

We are very pleased with the processes that are in place. We have confidence in Transport Canada Aviation, and we are very pleased that the board is doing its own inspections, doing its own review of the safety methods.

In terms of releasing information, Mr. Speaker, we always encourage all of our boards and agencies where it is - there is no comprising to individuals, or to the work of the board or the agency that they make as much information available to the public as they can.

MR. SPEAKER: Order please!

The time allotted for questions and answers have expired.

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