19 May 2007

The follies continue: yet another two week delay in the spending scandal report

The report by Chief Justice Derek Green into pay and benefits for members of the House of Assembly has been delayed three times so far.

It has always been promised within two weeks.

It's delayed again.

And yes, you guessed it.

It should be delivered within two weeks.

At the same time, the Premier's Office is not committing to implementing the report before the next election.

You see this is what happens when people get involved who pay no attention to the existing law and past practice.

Chief Justice Green's little investigation is a completely bizarre - and unconstitutional? - effort to circumvent the established process and place control of pay for the legislature in the hands of the executive branch of government.

It is a dodgy constitutional proposition even if it isn't outright unconstitutional.

There was already a mechanism established and used for decades to handle pay and benefits. The same process was used in 1989 to set up the Morgan commission, It worked. There were tight rules and definitions that were followed.

Immediately after a general election, the House of Assembly would appoint a commission with the powers of a public inquiry to establish pay and other forms of remuneration for legislators. The commissioner would report within 90 days.

As set out by law, in black and white for all to read and understand.

That system worked until 1996, when the current Premier's stylistic predecessor and his colleagues tossed it out the window.

They decided to make the rules up as they go along.

And basically, that's what the current Premier is doing.

Making the rules up as he goes along.

And that is wrong.

There was never any legitimate reason to appoint Chief Justice Green to this little project.

That is, unless there was some reason to be concerned what would turn up if someone had the powers of a public inquiry.

Chief Justice Green was deliberately denied those powers by the Premier and the rest of cabinet.

And so we wait yet again with no commitments to act on the highly improper report even when it is received.

because there are no rules.

And that's been problem in the House of Assembly since 1996.

Everyone thinks the rules apply to everyone else.

But him.

-srbp-

Background: The Internal Economy Commission Act.

Inquiry re salaries, etc.

13. (1) The House of Assembly may by resolution appoint, upon those terms and conditions that are set out in the resolution, an independent commission of not more than 3 persons to conduct an inquiry and prepare a report respecting the indemnities, allowances and salaries to be paid to members of the House of Assembly.

(2) The persons appointed under subsection (1) shall have all and may exercise all the powers, privileges and immunities of persons appointed as commissioners under the Public Inquiries Act.

(3) The persons appointed under subsection (1) shall complete their inquiry and deliver their report containing recommendations to the speaker within 90 days of the commission's appointment.

(4) The speaker, upon receipt of the report containing the recommendations of the persons appointed under subsection (1), shall refer the recommendations to the commission as soon as possible following the receipt of them and the commission shall implement the recommendations with or without the changes the commission considers appropriate.

(5) [Rep. by 1999 c14 s2]