Newfound Group lobbying province apparently without lobbyist registration
Newfound Group has been lobbying the provincial government for assistance with the Humber valley resort yet no lobbyists have been registered, as required by provincial law. [Update: See correction below]
Interviewed by CBC Radio's David Cochrane, Jeremy White, president of Newfound Group said the company has been working with the province to have the province lobby Air Canada to restore a direct flight between St. John's and London.
White also said his company was seeking provincial government assistance with its marketing program. He said the provincial government had offered to help defray some of the company's annual marketing program. White indicated that the company the government had been working closely together to deal with the company's financial issues.
However, the provincial lobbyist register contains no entries for anyone or any company related to Newfound.
The provincial lobbyist registration act requires that a company lobbying the provincial government register within 10 days of starting any lobbying activities. [Correction: The 10 day rule applies if the company is using a consultant lobbyist.] The online registry is current as of 21 November. An in-house lobbyist must register if his lobbying activity constitutes 20% or more of his or her time during a three month period.
In July 2007, Humber Valley Resort hired former tourism minister Paul Shelley as its new general manager. Shelley retired from politics on July 13 and was replaced in cabinet in January, having signalled his intention not to seek re-election in the fall. Shelley was human resources minister at the time of his departure from cabinet.
In addition to any political heights Shelley has scaled, his days at Humber Valley have included the odd rock wall, as this video shows. This and other videos on the resort can be found on the resort blog.
Neither Shelley nor Dobbin is listed in the provincial lobbyist registry.
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Shelley isn't the only Humber Valley executive with ties to the current administration. Humber Valley chief executive officer Brian Dobbin serves on the provincial government's Irish business partnership board. He is also publisher of The Independent newspaper.
What, is the Independent a state newspaper or sumpin?
Given the paper's editorial position - generally supportive of the current administration all the while protesting to the contrary - I thought it was relevent.
And given the paper's editorial position - generally supportive of the current administration all the while protesting to the contrary - I thought my sarcasticosity was blatant!
Well, it was blatant.
I should make it clear that while lobbying apparently took place - at least based on Mr. White's comments - the lobbyist registration act leaves loopholes that, to borrow a phrase, one could drive a truck through.
For example, Newfound executives, or any other corporate executives of any company doing business in the province could lobby government on this project and comply with the law fully by not registering.
They could do that if their total time lobbying did not exceed the 20% threshhold established by the act. The rules apply acros the board and do not apply in any special way to Newfound.
An official working eight hours a day five days a week could lobby for almost one full day each week and not exceed the threshold required for registration.
An offical working 50 hours a week could lobby 2 hours of each weekday each week and not have to register.
A workaholic who punches in 80 hours a week? Well, that would give you upwards of three hours a day each working day in which to lobby on a project and still not have to register under the act.
Th e question this case raises has nothing at all to do with the value of the project to the province or the actions of specific individuals.
Rather it is about the spirit of the legislation as described in section 3 of the act:
"The purpose of this Act is to recognize that:
(a) free and open access to government is an important matter of public interest;
(b) lobbying public-office holders is a legitimate activity when appropriately conducted;
(c) it is desirable that public-office holders and the public be able to know who is attempting to influence government; and
(d) a system for the registration of paid lobbyists should not impede access to government.
Section 3(c) is a clear statement of the principle behind any lobbyist registration system.
However, it is clearly possible for both public office-holders and the public to be unaware of efforts to influence government until such time as the project is concluded and the results announced or, in the case of a failed effort, not know at all that such lobbying took place.
I would argue that one of the wider purposes of the registration policy is to allow other interested parties to have the opportunity to make their views known before a decision is made.
I should note, as well, that the 20% rule is essentially a variation on the federal statute which also provides for 20% of a person's duties as threshhold for registration
Paul Shelley... wasn't he tourism minister?
Why yes, he was, Mark. However, he left the tourism portfolio over a year before takiong on the job at Humber Valley.
Under provincial conflict of interest rules, that makes the whole thing kosher. He could have voted in cabinet on issues related to his old department or his new employer right up until January when he left cabinet (shuffled out) and there's nothing in the rules to stop it.
Predictioon: if this becomes a political issue. DW's main talking point will be "There were no rules that said he couldn't. We will now put in place rules that ays he can't".
Retroactively, the loophole will get closed but only the specific loophole related to the specific activity in the allegation. because it is not based on principle, the current rules system is extremely limited.
You see, donations can be banned for members of the House.
But MHAs who sit on the government benches can still hand out public money in an essentially unaccountable way (details of where the money comes rom are never disclosed, for example). They just get to do it since now government departments have started to hand out "donations."
Isn't working on the basis of "principle" a wonderful thing?
Sure it is says you when the people in charge gets to define what "principle" means along with the rules.
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