That Bond Papers didn’t offer cabinet ministers a bit of help with the demands on their time.
Finance minister Jerome Kennedy had a problem at the House of Assembly management committee’s meeting a couple of weeks ago. The story made the front page of the telegram on Tuesday of last week. The story isn’t on line but the committee Hansard record is.
At issue was a resolution that would, in part, give effect to a commitment made earlier by the provincial government to give former citizen’s representative Fraser March an outside review of the circumstances surrounding his dismissal:
CLERK [of the House of Assembly, Bill Mackenzie]: Yes, thank you, Mr. Speaker.
As this is being drafted, I could ask the Government House Leader, I may be able to assist in the drafting of it. There are factual errors in this, and I think some matters which are not as comprehensive as they might be.
Referring just to travel expenses, this is not accurate in terms of the reasons for his dismissal. It should really refer to the very first item the Auditor General wrote about, which was violations of the Citizens’ Representatives Act, by carrying on a business, trade or profession. That is also what Michael Harrington gave his opinion on, and that was always the primary issue with Mr. March. So it would not be fully accurate just to say travel expenses. It should be more comprehensive; if, indeed, you have to say anything. It may be you do not have to put any of the issues like that. This could be a much condensed resolution in the House.
…
MR. KENNEDY: Mr. Speaker, I just want to point out that the document is in the booklet dated May 13, 2009. Perhaps just for clarification, before the Clerk leaves - this is only my second House management meeting. What is the role of the Clerk in these House management meetings? Is it set out anywhere here in the rules or procedure?
He is expressing commentary here. I just wonder, is it appropriate for the Clerk to be injecting himself into, essentially, the debate on a motion, telling us that the motion is not accurate? If it is, so be it, but I would like to see something here in the rules or procedures, something that tells me that is there.
MR. SPEAKER: That is the real role of the Clerk.
The Clerk.
CLERK: Minister Kennedy, you will remember the Speaker and I offered an orientation session for you, but you were unable to avail of it because of your schedule so we sent over materials. This is one of the matters it would have covered.
I am a member of the Commission. I am non-voting, but I am a member as well as acting as secretary, so I come to meetings, I express my opinion, I simply cannot vote.
MR. KENNEDY: Where? I would like to see something that outlines (inaudible) -
CLERK: Section 28 of the act.
MR. KENNEDY: Section 28 of the act allows you to….
CLERK: That is all of the duties of the Clerk. I would also suggest you read section 31. Sections 28, 29, 30 and 31 cover it all.
MR. KENNEDY: I will have a look at it (inaudible).
For Jerome’s benefit, here’s the section of the House of Assembly Accountability, Integrity and Administration Act that lays out what that fellow in the funny black robe who sits at that table in the centre of the rooms does:
28. (1) The clerk is the chief officer of the House of Assembly with the status equivalent to a deputy minister in the public service and in that capacity the clerk is
(a) the chief parliamentary advisor to the speaker; and
(b) the chief administrative and financial officer of the House of Assembly responsible to the speaker and through the speaker to the commission for the management of the operations of the House of Assembly service and the administration of the statutory offices.
(2) In his or her capacity as chief parliamentary advisor, the clerk is responsible for
(a) advising the speaker, deputy speaker, committee chairpersons and members on procedural matters concerning the rules, privileges and proceedings of the House of Assembly;
(b) directing and coordinating the provision of procedural services by the clerk assistant, sergeant-at-arms and other officers of the House of Assembly;
(c) coordinating all official parliamentary ceremonies and other events involving the House of Assembly;
(d) custody of and safe-keeping of the records of the House of Assembly and all bills, petitions and documents presented to or laid on the table of the House, and shall produce them when required by the speaker or by his or her order on motion of a member;
(e) recording and carrying out all recorded votes of the House of Assembly; and
(f) ensuring and controlling public access to the proceedings of the House of Assembly through the production and distribution of Hansard and the facilitation of electronic access to proceedings by the media.
(3) In his or her capacity as chief administrative and financial officer, the clerk is responsible for
(a) the provision of administrative, financial and other support services to the House of Assembly, its members, and statutory offices;
(b) direction and supervision of the clerks, officers and staff employed in the House of Assembly service and for the establishment of general administrative policies of the statutory offices;
(c) acting as secretary of the [House of Assembly Management] commission and has custody of all records and minutes of the commission;
(d) ensuring that disclosure, as required by law, of the proceedings of the commission and the financial matters pertaining to members and the House of Assembly service is provided for;
(e) the preparation of the estimates of the House of Assembly as required by section 26 and analysis and commentary, to the commission, on the budget submissions of the statutory offices and the office of the auditor general;
(f) administration of all services and payments to members;
(g) the orderly safekeeping of the records of the House of Assembly service;
(h) authorizing and recording all financial commitments entered into on behalf of the House of Assembly and statutory offices;
(i) reporting regularly to the commission and informing the secretary of the Treasury Board regarding the financial and budgetary performance of the House of Assembly and statutory offices;
(j) reporting to the commission and the audit committee on the status of audits of the House of Assembly and the statutory offices and, specifically, reporting if in his or her opinion the audit is not being conducted on a timely basis;
(k) maintaining and periodically assessing the effectiveness of internal controls in the House of Assembly and statutory offices and reporting on that assessment and effectiveness to the commission; and
(l) certifying to the commission as required that the House of Assembly and statutory offices have in place appropriate systems of internal control and that those systems are operating effectively.
[Emphasis added]
That lays out the complete list of duties of the Clerk.
Section 29 doesn’t seem to be directly relevant since it provides that the Clerk is responsible for reporting the status of members’ accounts. Likewise, section 30 provides that the Clerk’s responsibilities are generally similar to those of the Clerk of the House of Commons and section 31 covers the relationship between the Clerk and the Public Accounts committee.
And if Jerome was wondering why this curious fellow was deigning to speak to his betters, here’s the other bit he should have taken time to read before opening his ministerial maw:
18. (1) The Commission of Internal Economy of the House of Assembly established under the Internal Economy Commission Act is continued under the name of the House of Assembly Management Commission.
(2) The speaker, or in his or her absence, the deputy speaker, shall preside over the commission and when presiding, shall vote in the case of a tie .
(3) The commission shall consist of
(a) the speaker, or, in his or her absence, the deputy speaker, who shall be the chairperson;
(b) the clerk, who shall be the secretary and shall not vote;
(c) the government house leader;
(d) the official opposition house leader;
(e) 2 members who are members of the government caucus, only one of whom may be a member of the Executive Council;
(f) one member who is a member of the official opposition caucus; and
(g) one member, if any, from a third party that is a registered political party and has at least one member elected to the House of Assembly.
All pretty simple really and perhaps it would have been helpful if Jerome had been able to find time in his schedule for the orientation offered to members. It pays to have some idea what you are talking about and when helpful people actually offer up some of their valuable time to tell you stuff you really could find out for yourself, it’s really a good idea to take advantage of their generosity.
Makes one wonder, though, what the Clerk might have said to provoke Jerome’s ire. One thing is pretty clear: Jerome won’t be taking Bill Mackenzie for granted again. The Clerk did his job with evident competence. Too bad the same can’t be said of Jerome.
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