MR. SPEAKER:
The hon. the Leader of the
Opposition.
MS JONES:
Thank you, Mr. Speaker.
Mr. Speaker, the minister has
already indicated that today is the start of Mental
Health Week. Well, just Friday past, acting Child and
Youth Advocate, Judge Rorke, released his report into
the Janeway psychiatric unit. This investigation was
prompted when two children were handcuffed and shipped
off to the Waterford Hospital in our Province. The
acting Advocate released a report on Friday, but today
is refusing to speak publicly about it and has declined
interview requests – an Advocate, Mr. Speaker, who is
not prepared to be an Advocate.
I ask the minister today:
Why would you appoint someone to
this role who is unwilling to stand up, explain their
own report and be accountable to the children and
families of our Province?
MR. SPEAKER:
The hon. the Minister of Health and
Community Services.
SOME HON. MEMBERS:
Hear, hear!
MR. KENNEDY:
Yes, Mr. Speaker, the Leader of the
Opposition is aware of how the appointment of Judge
Rorke took place. The Leader of the Opposition is the
one who defended the former Child and Youth Advocate,
but yet we heard no comment after the acting ombudsman
released his report. So it is easy for this Opposition
Leader to criticize.
The Acting Child and Youth
Advocate has outlined in his report the review of the
situation; he has made recommendations. I am pleased to
say, Mr. Speaker, that as a government we have already
addressed some of these issues. In this year’s Budget we
allocated money for the Janeway psychiatry services.
Over the last two years, Mr. Speaker, we have allocated
$1.1 million.
As for the Advocate speaking, I
cannot control what the Advocate does; it is an
independent office, as the Speaker is well aware. In
fact, Mr. Speaker, the Advocate reports to the House of
Assembly, not to the Minister of Health.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Leader of the
Opposition.
MS JONES:
Thank you, Mr. Speaker.
I would like to remind the
minister that there is nothing independent about being
sanctioned by the Cabinet as Judge Rorke was done.
I ask the minister today:
In making the appointment, did you
also muzzle the Child Advocate?
SOME HON. MEMBERS:
Oh, oh!
MR. SPEAKER:
Order, please!
The hon. the Minister of Health
and Community Services.
SOME HON. MEMBERS:
Hear, hear!
MR. KENNEDY:
Yes, Mr. Speaker. I would not expect
the Leader of the Opposition to understand concepts of
independence because it is something that requires a
common sense approach and also requires, Mr. Speaker, an
understanding of legal principle.
I do know that the Opposition
House Leader would understand the importance of this
concept. Essentially, the Child and Youth Advocate under
the act is independent. We appoint judges, Mr. Speaker,
but we do not at that point, as she says, sanction them.
An appointment is made; the independence comes with the
office. Judicial independence - independent offices by
their very nature, Mr. Speaker, have to act at
arm’s-length from government; are given the powers to
make their own findings and comments. One of the ways
that we dealt with the Child and Youth Advocate Office
in this Province, Mr. Speaker, is to have the Child and
Youth Advocate report to the House of Assembly.
I am sorry if the Leader of the
Opposition does not have the cozy relationship with this
present Advocate that she had with the previous one, who
she went to such extremes to defend.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Leader of the
Opposition.
MS JONES:
Thank you, Mr. Speaker.
I would not expect a whole lot
from this minister other than insults. I certainly do
not expect answers; however I will ask the questions.
It is interesting, Mr. Speaker,
that the minister said that this individual is
accountable to the House of Assembly, because I e-mailed
him today and I asked Justice Rorke for a meeting to
discuss some of his findings in his report. The judge,
Mr. Speaker, refused saying that he was not going to
make himself available to any politician in this
Province.
So I ask the minister:
Who is this individual accountable
to?
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Minister of Health and
Community Services.
SOME HON. MEMBERS:
Hear, hear!
MR. KENNEDY:
Mr. Speaker, I can only speak to the
legal principles involved. I know of no principle in law
why the Child and Youth Advocate would jump because the
Leader of the Opposition says jump. That is what
happened with the previous Child Advocate, it is not
happening here. Independence, Mr. Speaker, means that
the person makes a decision independent of us.
Mr. Speaker, you are aware of the
budgetary process, you are aware of the reporting
procedure. Whether or not the Child Advocate decides to
speak to politicians, that is up to him or her. I am
certainly not advocating that that should take place. In
fact, Mr. Speaker, when you look at the report, the
report contains very sensible recommendations,
recommendations that we are already acting upon, and I
would suggest that if the Leader of the Opposition has a
problem with that she should put her request in writing
to the House Management Commission or to the Speaker and
ask for a meeting, but other than that it is not up to
me to determine what Judge Rorke should do.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Leader of the
Opposition.
MS JONES:
Mr. Speaker, we have an Advocate
today in the Child and Youth Advocate Office that is not
advocating, I say to you minister. You appointed him.
You put him there. The people of this Province are
paying for him to operate in that office. He has
produced a report that has questions that should be
answered. Who is this
individual responsible to, minister? It is
not to the children and parents of this Province, not to
the public when he refuses to talk about his own
findings in the media, and not to this Chamber when he
refuses to meet with any politician in the Province.
MR. SPEAKER:
Order, please!
The hon. the Minister of Health
and Community Services.
SOME HON. MEMBERS:
Hear, hear!
MR. KENNEDY:
Actually, I am not sure what the
question was. Who does he report to? He reports to the
House of Assembly as an independent officer. The Leader
of the Opposition should be aware, Mr. Speaker, and I
would suggest that it is scandalous that she can simply
come into this House and sully people’s reputations with
baseless allegations and accusations. Again, that is
what she does.
Back in August, well when she
phoned up the Child and Youth Advocate, because we know
she talked to the former Child and Youth Advocate and
you started off with the Labrador incident. Well you
caused a lot of trouble there didn’t you? Where were
you, I say to you, where were you -
MR. SPEAKER:
Order, please!
I ask the hon. minister to direct
his commentary to the Chair.
SOME HON. MEMBERS:
Oh, oh!
MR. SPEAKER:
Order, please!
MR. KENNEDY:
Where were you when the Child and
Youth Advocate had that office in the state that it was
in? Yet, I never heard a word from her, Mr. Speaker,
after Mr. Noseworthy’s report was released showing what
a true state that office was in and how this government
took the right approach and put someone in place who
could do the job. Judge Rorke has provided a report, Mr.
Speaker. We have indicated that we are reviewing the
report, we will act on a lot of the recommendations, and
I apologize again to the Opposition Leader if someone
does not jump because she says jump.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Leader of the
Opposition.
MS JONES:
Thank you, Mr. Speaker.
I say to the minister, I make no
apologies for prompting the report at the Janeway or
prompting the report in Labrador. I will continue to do
my job, minister, to ensure that the children in this
Province have half a chance.
Now let me ask you this question,
Mr. Speaker. The catalyst of this report was really the
children who were taken from the Janeway in handcuffs
and put away, locked away in the adult mental health
facility in this Province. We understand today that
Judge Rorke did not even talk with the parents or the
children who were at the heart of this investigation,
prior to issuing this particular report.
I ask the minister:
How can the public have confidence
in the Acting Child and Youth Advocate that you have
appointed when clearly he is not performing the
necessary due diligence in this case?
MR. SPEAKER:
The hon. the Minister of Health and
Community Services.
SOME HON. MEMBERS:
Hear, hear!
MR. KENNEDY:
Thank you, Mr. Speaker.
Mr. Speaker, I have had an
opportunity to read the report. I have not studied it as
much as I would like, but on this issue of the transfer,
Mr. Speaker, there was a very poignant comment made
where a psychiatrist stated: "I would much rather be
here discussing why the RNC were involved than to be
here discussing a dead patient and why they weren’t
involved." So, Mr. Speaker, the judge has reviewed the
situation of the transfer, he had indicated at that time
that was the way it had to be done. This is an issue
that we can address. We can look at how this type of
situation can be prevented in the future.
Mr. Speaker, what you have to look
at is the context of what was taking place in the
Janeway unit at the time. There were certainly a lot of
problems, Mr. Speaker. There were different age groups
being held on the same unit. All of the issues that were
brought out in this report are ones that we can address,
ones that will address and some, Mr. Speaker, that we
are already addressing.
At that time, Mr. Speaker, the use
of handcuffs – it is my understanding – was the policy
that had to be followed by the RNC under the Mental
Health Act. So as unfortunate as it is, Mr. Speaker, as
the psychiatrist said, it is better to have a person who
is alive than wondering why they are dead.
Thank you.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Leader of the
Opposition.
MS JONES:
Thank you, Mr. Speaker.
I say to the minister, I did have
an opportunity to read the report over the weekend.
There is some good information in there but there are a
lot of questions in there as well, questions that need
to be answered and should be answered by the Child
Advocate in this Province.
So, Minister, I would encourage
you to unmuzzle the Child Advocate, allow him to speak
to the report that he has tabled in this Province.
I would also like him to answer as
to why he did not interview the parents and the children
that were at the heart of this very issue prior to
releasing his findings.
MR. SPEAKER:
Order, please!
The hon. the Minister of Health
and Community Services.
SOME HON. MEMBERS:
Hear, hear!
MR. KENNEDY:
Yes, Mr. Speaker, a basic principle
of independent, or an independent office, is that the
person who makes the decision, whether it is a judge, or
in this case the Child and Youth Advocate, does not have
to answer for their decision. Is the next step that the
Leader of the Opposition is going to propose is that
when a judge makes a decision we will allow her to
question the judge as to the basis for his or her
decision? That is the principle when you extend it. That
is the extension of the principle.
SOME HON. MEMBERS:
Oh, oh!
MR. SPEAKER:
Order, please!
MR. KENNEDY:
The Child and Youth Advocate –
SOME HON. MEMBERS:
Oh, oh!
MR. SPEAKER:
Order, please!
MR. KENNEDY:
I hear the Opposition House Leader
chirping over there, Mr. Speaker. He has been quiet for
a long time and he should know better. He should know
better, Mr. Speaker.
If you look at the section of the
Child and Youth Advocate Act, it talks about the role of
the Child and Youth Advocate is to protect and further
the interests of children and youth in this Province.
Mr. Speaker, it does not mean that every time the Child
and Youth Advocate provide a report that he or she has
to come out and outline why they made their decisions.
If the Child and Youth Advocate chooses to answer
questions, that is up to the Child and Youth Advocate.
Mr. Speaker, I think it is very
unfortunate that the Leader of the Opposition displays
the lack of understanding and knowledge that she has her
today, but I do not really expect anything better.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Leader of the
Opposition.
MS JONES:
Thank you, Mr. Speaker.
The minister knows that Justice
Rorke is not there acting as a judge but rather acting
as an advocate for children in this Province, and it is
a job he is failing to do appropriately.
Mr. Speaker, the environmental
disaster taking place off the coast of Louisiana is
certainly a situation that we should take very seriously
off our own shores, especially since the government
opposite is an equity partner in some of our offshore
projects and on the hook for any cleanup costs should an
oil spill take place.
I ask the minister today:
As an equity partner, what
provisions does Nalcor have in place to protect the
people of the Province from both an environmental and
cost perspective?
MR. SPEAKER:
The hon. the Premier.
SOME HON. MEMBERS:
Hear, hear!
PREMIER WILLIAMS:
Mr. Speaker, the situation in the
Gulf of Mexico is one that we are observing very, very
closely - the relevant ministers that are involved. I am
certainly watching it extremely closely, from a personal
perspective, to see exactly what is going on.
Our primary concern here in the
Province, of course, first of all, is the safety of the
workers offshore; and secondly, the environment. From
our own perspective in the Province, as a government, I
can certainly assure hon. members in this House of
Assembly that the necessary policies, procedures and
processes are put in place and are being constantly
reviewed as a matter of fact. We are in the process of
even reviewing some of those policies right now. So we
are very, very proactive on what is going on.
I do have some concern as I watch
the process as it unfolds in the Gulf of Mexico to
wonder whether the technology is able to keep up with
the problem that is going on. The one thing, I think,
that will come from this whole process is that better
technology will be developed. In Newfoundland and
Labrador, we are in the harsh environment of the North
Atlantic - extremely high seas and winds that are
factors.
To get to the question directly,
it was certainly part of the process when Nalcor looked
at taking its equity holdings, that the equity holdings
would be certainly held in a separate company – in
separate oil and gas company. From our own perspective,
the Government of Newfoundland and Labrador stands
behind the environmental liabilities no different than
the Abitibi situation. When environmental disasters
happen, we go to our primary source of responsibility
and then the government, of course, is the backup at the
end of the day.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Leader of the
Opposition.
MS JONES:
Thank you, Mr. Speaker.
We have heard environmentalists
and professors at Memorial University who have said
publicly that they are concerned that our Province does
not have the necessary technology to cope with a spill.
They also stated, Mr. Speaker, that it is not a question
of it happening but when a spill will take place.
I ask the Premier today:
If people specializing in
environmental protection do not have a level of
confidence today in our current system, how can the
people of the Province be assured that we will not be
facing any similar disasters in the future?
MR. SPEAKER:
The hon. the Premier.
SOME HON. MEMBERS:
Hear, hear!
PREMIER WILLIAMS:
Mr. Speaker, the people of the
Province can be assured that we will adopt the best
practices in the world. As we come to this process now
in the Gulf of Mexico, if there are any new devices or
methodologies or technologies that are developed, we
will make sure that they are adopted in our offshore.
From our own perspective, the C-NLOPB is responsible
primarily for any offshore problems. If it comes to any
leakages or seepages that come from tankers or ship
transports, then that is the responsibility, of course,
of Transport Canada.
From our own perspective, as
recently as this morning, we have looked at just exactly
what the situations are in the North Atlantic. It is a
general understanding that because the offshore sites
are significantly offshore and well east of the Province
that the situation that could arise in Orphan Basin or
Jeanne d’Arc or the Flemish Pass is that there is a
lower likelihood that oil would actually come ashore in
Newfoundland and Labrador. Now, that is not to say that
it would not.
As well, we are dealing with a
heavy crude oil out there, so from a fishing
perspective, there is less likelihood that it would
affect the fishery although it would certainly affect
the gear. However, having said that, I am not trying to
minimize the circumstances under any situation, we will
make sure that we monitor this very closely and that we
adopt the best practices in the world.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Leader of the
Opposition.
MS JONES:
Thank you, Mr. Speaker.
Mr. Speaker, although it may be a
lower likelihood of it happening, as the Premier
indicates, it does not mean that we would not be on the
hook in a case of an environmental disaster.
Mr. Speaker, in an interview with
CBC, Memorial University biologist Ian Jones said that
this government is not forthright about the impacts of
oil spills and what the impact would be on wildlife. He
also stated that a recommendation to put independent
monitors on oil rigs still has not been implemented.
I ask the Premier today:
As part of the regulatory process,
why haven’t these particular independent monitors been
installed, and is this something government has been
advocating the industry for?
MR. SPEAKER:
The hon. the Premier.
SOME HON. MEMBERS:
Hear, hear!
PREMIER WILLIAMS:
First of all, with regard to - I did
not hear this particular interview, so someone’s opinion
on whether they are being forthright or not, I do not
know, I cannot gauge it, I cannot respond to it.
Having said that though, I can
tell you that any information we have will certainly be
made available to the general public, as well as the
members of this House. I think the immediate and the
largest impact from any offshore oil spill, of course,
would be on the birds. We are told that would have a
significant impact on birds in the Province because,
obviously, they are significant distances offshore and
they are all around the coast of our Province. As I have
said before, there is an indication that the fishery
would certainly not be impacted as heavily because of
the viscosity, I guess, of the oil that we are dealing
with in our offshore.
From a perspective of the
regulations, that has to be done by the C-NLOPB. We are
constantly in contact with the C-NOLPB. Our officials
have been discussing these issues with them over the
weekend and as recently as this morning. So, as I said
before, if there are any pieces of technology that would
be better suited to our offshore, then we would
certainly be recommending them to the C-NLOPB and we
would be in constant contact with them.
Thank you, Mr. Speaker.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Leader of the
Opposition.
MS JONES:
Thank you, Mr. Speaker.
Mr. Speaker, court documents filed
by AbitibiBowater indicate that it will be seeking $500
million in compensation under a NAFTA lawsuit for its
assets that were taken by the Province under Bill 75.
Preliminary costs associated with the environmental
liabilities have been estimated at $200 million.
I ask the Premier:
Did we obtain legal title for the
mill property through the cancellation of timber rights
and lands in section 3 of Bill 75, or did we
accidentally expropriate the mill under sections 5 and 6
that were used for the other assets such as Star Lake?
MR. SPEAKER:
The hon. the Premier.
SOME HON. MEMBERS:
Hear, hear!
PREMIER WILLIAMS:
Mr. Speaker, I will tell you what was
not an accident. It was not an accident that we decided
to take a bold move, as a government, and decide to step
up and fight for the rights of the people of Central
Newfoundland, in the Grand Falls-Windsor and other
surrounding areas. What we did was unprecedented in this
Province, and we are extremely proud of what we did. We
took the bold move of going in, after Abitibi had broken
their promise to the people of Newfoundland and
Labrador, and we took back our timber, we took back our
land and we took back our water, and when we did that we
are very proud of it because it puts us in an extremely
strong position. So that was a very deliberate move. As
a result of that, we are now in a position, that because
of the environmental problems and liabilities that have
been caused by this company that really does not care
about Newfoundland and Labrador, we are now in a
position where we have these assets that have value. Not
only have we taken pride in repatriating them, they also
have value. So we can now use the value of these assets
to deal with the environmental liability, which we would
have been responsible for because they intended to go
bankrupt in the first place.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Leader of the
Opposition.
MS JONES:
Thank you, Mr. Speaker.
I will ask the Premier again if he
could answer my question. For
example, Mr. Speaker, the legal title of the mill
property, was it obtained through the cancellation of
title or was it obtained through the expropriation
clauses?
MR. SPEAKER:
The hon. the Premier.
SOME HON. MEMBERS:
Hear, hear!
PREMIER WILLIAMS:
Mr. Speaker, in order to secure the
most valuable asset that Abitibi held in the Province,
which was actually the hydro-electric asset, which is
the water rights, we in fact described in the process an
area which included a piece of the mill, which included
the hydro-electric assets. Inadvertently, the mill had
been included in that, and the Opposition is trying to
make hay over the fact that a mistake was made by a
bureaucrat in government and therefore that is a huge
embarrassment to government.
Well, the bottom line at the end
of the day is that we do own the assets, and not only do
we own the land and do we own the timber and do we own
the water, we now own the mill and we own Grand Falls
House and we own the manager’s house, which are the
three most valuable pieces of real estate in the
community of Grand Falls, and we are now in a position
where we have complete and full control of these assets.
Ultimately, the Government of Newfoundland and Labrador
- if Abitibi walked away from their responsibilities and
if Abitibi went into consumer protection - would have
been left holding the bag. The people of Newfoundland
and Labrador would have been left holding the bag on the
environmental liabilities. Now we have the assets which
we are in a position to be able to keep or dispose of as
we see fit, and I can guarantee the people of
Newfoundland and Labrador, that at the end of the day
the value of those assets will exceed any liabilities
that arise from this transaction.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Leader of the
Opposition.
MS JONES:
Mr. Speaker, I want to clarify that
the mistake of this deal is not on the back of a
bureaucrat, Mr. Speaker, but on the backs of a
government who signed off on this and did so saying that
we have the world’s best advice, Mr. Speaker. That is
where the responsibility really lies. Mr. Speaker, it is
important to know the facts of this particular mistake,
I say to the Premier, because if it was made through
section 3 of Bill 75, government may have also
inadvertently cancelled all land rights that were given
to other people on surrounding properties within the
community dating back to 1905.
I ask the Premier today:
Can you give the assurances to the
people of the Province that no other properties besides
the mill, the mill manager’s house and the Grand Falls
House has been affected by this accidental mistake?
MR. SPEAKER:
The hon. the Premier.
SOME HON. MEMBERS:
Hear, hear!
PREMIER WILLIAMS:
Mr. Speaker, I can assure the people
of this Province that we have done the right thing. I
can assure him and assure them that we have taken their
assets and we have protected those assets. Those assets
would have been lost to an irresponsible company that
did not give a darn about the people of Newfoundland and
Labrador, the people of Central Newfoundland and
Labrador. They would not - they would have walked away
from their responsibilities. They either would have gone
into consumer protection, they would have gone bankrupt
or they would have done what they were in the process of
doing, and that was trying to sell off those assets to
somebody else.
So what we have done is protected
the interests of the people of Newfoundland and
Labrador. Now the hon. members opposite agreed with that
in principle; they were present that day, they were
fully informed. If a mistake occurred - it is
irresponsible of the hon. members opposite to try and
say now that as a result of that minor mistake, which
actually happens to give us the most valuable piece of
real estate in Grand Falls, that that is now saddling
this Province with the environmental liability. That is
absolutely untrue and erroneous. Now I do not how far I
can go with regard to parliamentary protocol as to what
I can say –
AN HON. MEMBER:
Misleading is (inaudible) the word.
PREMIER WILLIAMS:
Is misleading okay?
AN HON. MEMBER:
Misleading is okay.
PREMIER WILLIAMS:
You are misleading the people of
Newfoundland and Labrador.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
Order, please!
I say to the Premier, that
misleading is unparliamentary and I ask the hon. the
Premier to withdraw the remark.
PREMIER WILLIAMS:
(Inaudible). I got bad advice, Mr.
Speaker. I withdraw the remark.
SOME HON. MEMBERS:
Oh, oh!
MR. SPEAKER:
Order, please!
Did the hon. the Premier withdraw
the remark?
PREMIER WILLIAMS:
Yes I did.
MR. SPEAKER:
The hon. the Leader of the
Opposition.
MS JONES:
Thank you, Mr. Speaker.
The Premier knows full well that
assurances were given to the people in this Province
that the mill was not a part of any expropriation
exercise and that any liabilities on the environment
would be a zero balance at the end of the day with
Abitibi as a result of the payment of assets. That was
the assurance, that was the wording, that was the lingo,
that was the message that was used by the government,
Mr. Speaker. Now we find it is a completely different
situation. We already know from court documents that
AbitibiBowater is seeking the $500 million in
compensation for the assets, a number that we were told
was at about $300 million when we were briefed by the
government.
In addition, Mr. Speaker, I ask
the Premier today: Is the
accidental expropriated mill and associated assets
included in the $500 million price tag, and is the fact
that you took control of the mill the real reason for
the claim to jump by $200 million?
MR. SPEAKER:
Order, please!
The hon. the Premier.
SOME HON. MEMBERS:
Hear, hear!
PREMIER WILLIAMS:
Mr. Speaker, I am glad the hon.
member opposite and her government are not representing
the people of Newfoundland and Labrador. No wonder, no
wonder we gave it all away when the hon. crowd opposite
had government, Mr. Speaker. So she is going to write
off three hundred for environmental liability, then she
is going to write out a cheque for $500 million. Well I
can tell you right now, that is not going to happen
while we are in the Government of Newfoundland and
Labrador, because we do not believe in giveaways.
SOME HON. MEMBERS:
Hear, hear!
PREMIER WILLIAMS:
Mr. Speaker, what she fails to point
out is in the appeal which was filed by the Government
of Newfoundland and Labrador, that the judge, who is the
hon. Gascogne, or whatever he is, Gascon or whatever he
is, the Great Gatsby or whatever his name is, anyway, at
the end of the day is in the Quebec Court, is obviously
not too –
AN HON. MEMBER:
(Inaudible).
PREMIER WILLIAMS:
I do not care; I could not care about
something like (inaudible).
The hon. judge in Quebec obviously
has no time for Newfoundland and Labrador, and what he
has done has gone beyond his constitutional competence.
Because if you read the appeal, which was filed by the
Government of Newfoundland and Labrador, he did not have
the statutory or constitutional competence to do what he
did, and he made palpable and overriding errors of fact.
You can rely on him if you want to, I would not.
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 very much, Mr. Speaker.
Mr. Speaker, workers at the
Voisey’s Bay mine site have been on strike since August,
2009. That is nine long months, Mr. Speaker. Mr.
Speaker, in September, 2009, the Minister of Human
Resources, Labour and Employment told the House that
government was committed to reviewing anti-replacement
worker legislation and that a review was underway and
legislation would be pending once the review was
complete.
Mr. Speaker, could the minister
give this House an update on the review process?
MR. SPEAKER:
The hon. the Minister of Human
Resources, Labour and Employment.
SOME HON. MEMBERS:
Hear, hear!
MS SULLIVAN:
Thank you, Mr. Speaker.
What I would have pointed out back
when that question was first posed is that we do have a
committee that is in place that is directing that
particular process. It is a committee that is made up of
business, of labour, and of government. As I said at
that time, should they bring forward legislation to us
then we are certainly willing and ready to consider
that.
Mr. Speaker, when you look at the
makeup of that committee however, we should all be
reassured that they are very concerned about the
employment relations climate in this Province. We have
members from labour, Mr. Speaker, particularly Lana
Payne, the President of the Newfoundland and Labrador
Federation of Labour. We have members from business,
very, very concerned about the employment relations
climate in this Province, and we have people from
government there. When they have legislation that they
feel is worthy of us looking at, then we certainly will.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
The hon. the Member for the District
of Signal Hill-Quidi Vidi.
MS MICHAEL:
Thank you, Mr. Speaker.
The foot-dragging of this
government is now becoming suspect, because the minister
refers to somebody who is on that committee who
published a letter asking this government to bring in
anti-scab legislation. That was done by the President of
the Federation of Labour last fall. That letter is out
there in the public, so we know where Ms Lana Payne
stands.
Communities in our Province are
being negatively impacted by this strike, and the
Province is losing revenue. The lack of real
consultation, and no sign of the bill coming up in this
session, seems to show that government is allowing Vale
Inco to act with impunity in this Province by attempting
to impose Third World working conditions on the workers
in this Province.
Mr. Speaker, when is this
government going to deliver anti-replacement worker
legislation to this Province, as they have been asked to
do by the labour movement?
MR. SPEAKER:
The hon. the Minister of Human
Resources, Labour and Employment.
SOME HON. MEMBERS:
Hear, hear!
MS SULLIVAN:
Thank you, Mr. Speaker.
The first thing I would like to
point out is that this government has great sympathy for
the workers in Voisey’s Bay. We absolutely understand
the situation that they are in. We absolutely understand
their concerns. We have been listening to them.
Mr. Speaker, the Labour Relations
Agency continues to work, continues to support those
workers, continues to be available to them. The bottom
line on this, though, is that the parties need to get
back to the table. The parties need to resolve the
issues that are there. Let’s look at what the main issue
is. The main issue there is the nickel bonus, Mr.
Speaker. They need to get back to the table, they need
to discuss that particular issue, and the people at the
Labour Relations Agency are more than willing to sit
with them to help them work through that issue.
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.
This weekend we learned that Vale
Inco spent $2.5 billion U.S. acquiring oil rights in
Guinea, indicating the labour impasse in Voisey’s Bay is
not about money for Vale, but about strike breaking, Mr.
Speaker, and maybe even union busting.
Mr. Speaker, how long is this
government complacently going to sit by and continue to
let Vale Inco walk all over our workers who have been
out there in the cold for months and months?
MR. SPEAKER:
The hon. the Minister of Human
Resources, Labour and Employment.
SOME HON. MEMBERS:
Hear, hear!
MS SULLIVAN:
Mr. Speaker, the question is: How
long before the two parties decide to sit down and
negotiate this? That is the question that is at hand
here.
We have suggested to the parties,
over and over again, they need to be at the table if
they want to solve this strike. We have consulted with
the parties; we have made our people available to the
parties. Business is concerned, labour is concerned,
government is concerned, but absolutely the only
solution that is going to be found to this problem is
when the two sides sit down and actively negotiate.
SOME HON. MEMBERS:
Hear, hear!
MR. SPEAKER:
Order, please!
The time allotted for questions
and answers has expired.