Cabinet documents and deliberations #nlpoli

One of the big changes Bill 29 made to the province’s access to information law was to give a list of documents that could not be released under the Access to Information and Protection of Privacy Act because they were cabinet documents.

Before then, the law in Newfoundland and Labrador, like the similar laws in the rest of the country merely said that people couldn’t get anything that would make public what the cabinet ministers talked about, in private, among themselves.  A British Columbia government policy manual explains why:

Premature disclosure of Cabinet deliberations inhibits the ability of Cabinet members to debate issues openly and freely, thereby reducing the effectiveness of Cabinet’s decision making role.

One of the reasons no one bothered to define a cabinet document and bar that from disclosure is that no one could really say what a cabinet document is.  People who’ve never dealt with cabinet or who have never had occasion to think about these things wouldn’t understand that how cabinet operates can vary widely from first minister to first minister.  The changes made in Bill 29 reflect how cabinet operates these days but Paul Davis or any of the ministers who come along later may run cabinet in such a way that most of those mandatory exemptions of certain pieces of paper won’t matter a bit.

There’s no firm rule as to who may sit in the room with cabinet.  Some administrations have allowed only  the clerk of the council and a deputy clerk into the room to provide administrative support.  Other people may come into the room and make a presentation but they get shuffled out of the room before cabinet discusses anything. In other administrations, they’ve had all sorts of hangers-on sitting in the room.  Most often, the extra bodies are senior political people from the first minister’s office.

At times,  the Executive Council hasn’t included everyone with a ministerial portfolio.  And on occasion pretty well every cabinet will throw everyone out of the room and discuss something entirely among themselves.  But there might never be a paper for them to read in advance, a note, a presentation or anything of the sort.

To give you a sense of how cabinets operate,  consider that, until 1989,  cabinet didn’t keep minutes like most boards and committees do.  Cabinet met.  They talked about things.  The only record of any decision would be the official “minute” issued by the cabinet secretariat and approved by the lieutenant governor.  That’s what made the decision the legal authority someone would need to carry it out.

Even the form of the minute varies.  These days,  it includes a list of people who get a copy.  There’s a number on it and the actual statement of the decision includes all sorts of references to the authority cited for making the decision. 

Go back a hundred years and you will find piles of these minutes.  They might be as little as a sentence or two.  The certified minutes, the ones that needed the Governor’s signature, were written out long-hand in a book the Governor kept.

That’s where things get interesting.  Note that the minute above refers to a meeting of the committee of the Executive Council.  The ones a century ago that your humble e-scribbler has been reading lately say pretty much the same thing.  That’s the another way of saying the Executive Council without the lieutenant governor present for the meeting.  These days it is unheard of for the Queen’s representative to attend any meeting of the council, federal or provincial, here in Britain or anywhere else.  A century ago,  a committee of the council – cabinet ministers without the Governor  - met to discuss all sorts of routine things, including budgets.

Back then, there were meetings of the Executive Council.  They took place at Government House and, as near as your humble e-scribbler can figure, they included the Governor. A good example was the meeting held at 3:30 p.m. August 7, 1914 to decide on the Newfoundland contribution to the war.  You can hunt for any record of the meeting in the cabinet papers and you’ll never find a mention.  We know it happened, though, because the Governor refers to to it in letters.  There’s a specific note in his type-written daily diary and the Prime Minister mentions it in a letter or two written around the same time.  We know they discussed a proposal drafted by the Governor two days beforehand, apparently based on discussions with the Prime Minister.  The version cabinet approved is not exactly what the Governor proposed.

There’s no record of that meeting, though, just as there is no record or any other meeting of the whole council during the period from about 1908 to 1914.  There might be others but YHE-S hasn’t gotten to them yet.

There’s nothing odd about that, by the way.  The British cabinet didn’t keep any record of decisions until after the war started.  There could sometimes be a huge gulf among ministers about what, if anything, they’d discussed and decided.  The only formal record of any sort through most of the 19th century was a letter written weekly by successive Prime Ministers to the Queen, for her information.  Even then, what the Prime Minister said cabinet discussed and agreed on might not be what ministers recalled.

Incidentally, for those who might be wondering about the endless trips to Government House to appoint ministers lately, you need only check the Executive Council Act to see that it wasn’t necessary:  “The Lieutenant-Governor in Council” – meaning the whole cabinet – “on the advice of the Premier may appoint a minister as acting minister for another minister during the absence or incapacity for any cause of that other minister, and all acts of an acting minister shall have the same effect as if done by the minister in whose place he or she is acting.” 

They’ve appointed acting ministers countless times over the past decade,  most often to cover off Charlene Johnson when she was on one kind of leave or another.  Tom Marshall could have done exactly the same thing as ministers quit for one reason or another. The only question is why he chose to swear in new ministers and shuffle his cabinet around all the time.

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No planning and priorities: Conservative cabinet committees - 2013 #nlpoli

There’s one little gem in James McLeod’s pile of censored orders in council that isn’t censored.

It dates from January 2013 and gives the current list of cabinet committees.

There’s the economic policy committee:

There’s the social policy committee:


There’s the treasury board:

And there’s the routine matters committee:

Charlene Johnson and Tom Hedderson also sit on that routine committee.

There’s a curious omission in this list and it doesn’t appear to be a case where the committee make-up didn’t change after the cabinet shuffle with Jerome Kennedy and Tom Marshall.

There’s no planning and priorities committee, apparently. That’s odd because P and P is usually the key cabinet committee chaired by the Premier and responsible for the strategic direction of government. Kathy used to have one in her cabinet.  Every cabinet in Canada uses a planning and priorities committee.  Most have had one for the past three decades or more.

At some point, the Newfoundland and Labrador one seems to have vanished without an effective replacement.

That would explain a great deal.

It would explain, for example, why the Premier often seems to be unaware of what is going on inside her government.  She wouldn’t know because she doesn’t appear to have anything to do with the running of cabinet.  And that, more than anything else, is what the Premier is supposed to be doing. 

Rather than being the boss, Kathy Dunderdale often appears to be nothing more than the government’s official spokesperson, the dead parrot as it were.

In the absence of a P and P committee,  cabinet would have to hope that the key committee chairs could sort out among themselves what to do.  They would be:

• Joan Shea, chair of economic policy,
• Susan Sullivan, chair of social policy, and,
• Jerome Kennedy, president of treasury board.

Whatever the government is doing, these three would know about it and approve of it. 
In December 2010, cabinet had a P and P committee.  It’s members were:

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Sex and the cabinet #nlpoli

If all the speculation about a cabinet shuffle in the near future turns out to be true, it will be interesting to see if Premier Kathy Dunderdale breaks the fundamentally sexist nature of her current cabinet.

Kathy Dunderdale is justifiably proud of being the first woman premier in Newfoundland and Labrador’s history.  The fact that she is the first woman to hold the job is what makes her choice of cabinet ministers stand out a bit. Frankly, it’s a wee bit odd that no one has mentioned a curious pattern that appeared.

Polls, Politicians, and Messages #nlpoli

Cabinet is where the real political power sits in a parliamentary democracy. Ministers have enormous power both individually and collectively.

Only the first minister – the prime minister or premier – gets to decide who sits at the cabinet table. That’s a power first ministers are always careful to preserve because it is the ultimate expression of their control over their caucus.  People want to get to cabinet and the only way in is through the premier.

Changes in cabinet are often rumoured but until they happen, they are not real.  Only the premier and her closest, most trusted advisors know what is coming.  They only tell the people involved at the last possible moment.  The expectation  - often a clearly spoken expectation - is that the people who know will keep their mouths firmly shut. 

So when CBC provincial affairs reporter David Cochrane can report that a cabinet shuffle is imminent, attributing information to multiple unnamed but apparently high-ranking Tories, you can understand that Kathy Dunderdale’s administration is in far more serious political trouble than it first appeared.

Some NL cabinet ministers bill taxpayers for work commuting #nlpoli

Almost half the money (46%) spent on ministerial travel by the municipal affairs department between December 2010 and November 2011 went to cover travel by minister Kevin O’Brien from his home in Gander  to St. John’s for cabinet meetings and other government business.

O’Brien billed taxpayers for about $77,188 in travel and related expenses during the period.  About $36,000 of it was for travel between Gander and St. John’s.

The information is taken from expense reports posted by the provincial government on the government website.  CBC reported on Kevin O’Brien’s travel expenses on May 1 and 2 as a result of hearings by the House of Assembly estimates committee reviewing the 2012 budget. 

The CBC story erroneously labels the travel as being to O’Brien’s district  - it was from the district – and attributes the amount to Air Canada airfares. There’s more to it than that.

Provincial government  expense rules for cabinet ministers allow them to live outside the capital region and bill travel, accommodation and meal costs to the department when they have to travel to St. John’s for official business. The definition of “permanent residence” used in the cabinet policy is tied to the declaration ministers make to the House of Assembly to determine their allowances and entitlements under House of Assembly spending rules.

O’Brien isn’t alone in the billing practice.  For example, finance minister Tom Marshall’s commuting travel accounted for 67% of his departmental travel claims in the period.  Marshall billed taxpayers $23,400 in the period SRBP looked at for travel between his home in Corner Brook and his department’s head office in St. John’s.  Marshall’s total ministerial travel was $35,025.

Cabinet minister Joan Burke billed taxpayers more than $15,433 for commuting from December 2010 to November 2011. The total of her expenses listed on the provincial government website was $30,307.  That puts her commuting costs at 51% of her total ministerial expense bill. 

During his last year in politics, Labrador affairs minister John Hickey hit taxpayers for more than $27,682 for travel from his Goose Bay home to St. John’s for cabinet meetings and other government business.   Hickey’s bills that year included his share of two aircraft charters to bring him to St. John’s as well as two bills for long-term airport parking passes. His expenses total on the government website was $47,769.  That would make his commuting travel 58% of his ministerial travel costs

Aboriginal affairs minister Patty Pottle, billed the most of all for the home-to-work travel, though.  In her last year in office, Pottle billed taxpayers more than $40,400 for travel, meals and accommodations as she traveled from her home in Nain to St. John’s.  That represents 63% of the $64,300 in expenses listed for Pottle on the government website.

Pottle claimed a total of almost $35,000 in one six month period.Her travel to St. John’s on official business accounted for slightly more than $24,000 for the same six months.

Some ministers also claim car expenses under the ministerial expense rules.  They can either claim mileage or claim a car allowance plus operating costs incurred on government business.

The cabinet expense policy on the car allowance states:

The automobile allowance is $8,000 per year, prorated for the portion of the fiscal year for which the Minister serves in Cabinet (based on MC 90-1135).

Ministers will be reimbursed fuel expenses, consumable liquids and related expenses incurred while traveling on government business. Detailed original receipts indicating proof of payment must be provided.
Ministers receive the automobile allowance as a bi-weekly payment that coincides with the usual pay cycle.

The automobile allowance, fuel expenses, consumable liquids and related expenses will be issued on payroll cheques rather than General Account Cheques and is taxable in accordance with Canada Revenue Agency requirements.

In addition to his other commuting, Kevin O’Brien received more than $6,000 under the car allowance and operating expense policy between June and November 2011 alone. 

SRBP first noted the practice of commuting ministers in July and December 2008.  

From December 2010 to November 2011, O’Brien filed 36 expense claims for travel, meals and accommodations for travel between Gander and St. John’s.  The smallest claim was $231. The largest was $2,069.  Some of the claims may have related to the same travel.

O’Brien’s travel claims suggest his commuting was quite frequent at times.  His expense records for claims paid in December 2010 show claims for travel in October and November, 2010.  SRBP did not include them in the totals above since the travel took place outside the study period.

In those two months, O’Brien filed commuting claims for travel on October 13, 17, 29 and 31 and November 4, 14, 21 and 28. The total cost of those claims was approximately $9,952.

O’Brien also claimed for other ministerial travel besides the commuting.  For example, during the period examined for this post, he expensed travel, entertainment and related expenses totalling $985 for the presentation of a fire truck to the Town of Hampden in White Bay.

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Truth in small things #nlpoli

If the truth may be found in the smallest of things, then the shifts and changes in Kathy Dunderdale’s second cabinet reveal a great deal.

“It is very important to me that our government operates as efficiently as possible, while providing quality programs and services that meet the needs of the people of our province,” said Premier Dunderdale. “Re-aligning departments and adjusting ministries to ensure they are best positioned to take on the challenges and opportunities before us is very important.”

Here’s how the official news release laid out the re-aligning and adjusting:

• Combine the old Human Resources, Labour and Employment department with the post-secondary education section of the Education department to create the  Department of Advanced Education and Skills.  The new department will “focus on supplying highly educated graduates and skilled workers for a fast-growing economy.”
• Merge the aboriginal affairs department with the Intergovernmental Affairs department to create the Department of Intergovernmental and Aboriginal Affairs.
• Put the Business department with Innovation, Trade and Rural Development to create Innovation, Business and Rural Development.

This release puts the big information at the back end.  Eliminating the business department ends an eight year fiasco. In effect, the Conservatives created the “business” department in 2003 by breaking off some sections of the industry, trade and rural development department.  Now they’ve just put it all back the way it was, complete with the Beaton Tulk-era Rural Secretariat

After eight years of accomplishing nothing, the Conservatives have just put the economic development resources of government back to where they were in 2003. Danny Williams created the department to give a vehicle for his personal business acumen to create thousands of jobs and single-handedly produce a economic miracle in the province.  Williams did nothing while he was minister of his own department, often going weeks without meeting his deputy minister. He handed it off to a succession of second and third tier ministers like Fairity O’Brien or Paul Oram.  Even someone like Ross Wiseman couldn’t do anything except make speeches and hand out gobs of free cash to private companies.

The result of those eight years is a very fragile economy is is more heavily dependent than ever on government spending. The new minister – Keith Hutchings – has exactly zilch in the experience department when it comes to economic development:

Mr. Hutchings graduated from Memorial University with a Bachelor of Arts, Majoring in Political Science and obtained a Certificate in Public Administration from Memorial, as well as an Occupational Health and Safety Program from Ryerson University in Toronto.

Mr. Hutchings’ professional career has included 11 years with the Workplace Health, Safety and Compensation Commission. He also served as Chief of Staff and Executive Assistant to then Leader of the Official Opposition in the Provincial House of Assembly (1996 -1998) and successfully ran his own consulting business.

The Intergovernmental and Aboriginal Affairs department basically recreates what used to exist 20 years and more ago as the Intergovernmental Affairs secretariat, and adds Labrador Affairs and the non-profit and voluntary secretariat for good measure. The first two are relatively small, functionally oriented sections that could easily be rolled inside the Executive Council where they once lived.  The latter two sections are meaningless political sops that serve only to increase bureaucracy without enhancing service delivery. Dunderdale could have eliminated them entirely while likely improving the overall efficiency of government.

The ministry went to newbie Keith McGrath in order to make sure there was a cabinet minister from Labrador. This reorganization is a minor administrative change.

The new Advanced Education department actually combines the pre-2003 post-secondary education ministry with the department that handled job training programs.  That’s it. 

The organization makes sense if it was aimed solely at ensuring that the provincial job-training resources lined up to meet – belatedly – the labour crunch in the province. 

Adding Memorial University to the mix could severely hinder the university’s development by burying it inside a department aimed at something other than what it does.  Memorial doesn’t exist in order to be a glorified trade school.

This is Joan Burke’s big reward for backing Dunderdale, nothing more, nothing less.

What’s more interesting about the labour market focus of the department is that it won’t include any of the labour relations elements.  They are all part of the provincial government’s traditional function of regulating industry and ensuring a healthy and productive labour relations climate.

But under the most recent re-organization, the Workplace Health, Safety and Compensation Commission reports to the government services department and the labour relations agency reports to the environment department. Such a re-alignment ensures that the “silos” the new minister claims the re-organization would cure remain in place.

In  every other respect and distinct from these three adjustments, the departmental organization stays the same. 

When it comes to who got a new job and who didn’t, those seemingly small points also tell a larger story.

Besides Joan Burke, Susan Sullivan got a big reward for her political loyalty to the Premier. She takes over the health portfolio.  Sullivan may not feel quite so lucky in a few weeks or months – health is a difficult portfolio – but it is the largest department and the one that typically goes to those the Premier holds in high regard. If she does well, Sullivan could become a contender to replace Dunderdale when the Premier leaves before 2015.

Jerome Kennedy’s new gig at natural resources gives him a well-deserved respite from the health minister’s job. Kennedy took over that job at a hard time and navigated the department though some tough times.  he got out of it with both his health and his reputation intact.  That’s a rare achievement.

At natural resources, Kennedy faces the challenge of mounting problems with the Muskrat Falls project.  Kennedy can be a forceful proponent for an argument like Muskrat Falls.  He can also be a diligent house-cleaner when problems occur. if Dunderdale had to kill off Muskrat, Kennedy could handle that effectively too.

In the next four years, Kennedy will also have to deal with the border issue in the Gulf of St. Lawrence and the future of a string of law suits related to the Lower Churchill. 

Danny Williams appointed Kathy Dunderdale to natural resources safe in the knowledge that he was really looking after things.  He didn’t need a minister who understood much and Dunderdale fit the bill.  With Kennedy, Dunderdale has a minister who will – in all likelihood – lead this crucial department in more than name only and take the heightened public profile along with it.  Kennedy could be well set when Dunderdale leaves.

Kennedy’s appointment as Government House Leader is a clear sign the Conservatives are going to approach the legislature with a strong arm and an iron fist.

Darin King took the poisoned chalice of fisheries in the recent cabinet shuffle.  The provincial Conservatives haven’t been able to find a policy they can all agree on.  As a result, the fishery remains a festering political pustule that breaks from time to time, splattering the minister of the moment. King can kiss his leadership aspirations good-bye.

Derrick Dalley got the Conservatives’ community pork portfolio as minister of  tourism, culture and recreation.  He succeeds Terry French who got a quiet and relatively easy portfolio in what is usually the home of ministers on the way into cabinet or those on the way out.

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The fine art of cabinet making #nlpoli

One of these people will replace Shawn Skinner as Capital City’s man in cabinet:

• Tom Osborne
• John Dinn
• Dan Crummell

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Who speaks for cabinet?

Apparently, a newly elected backbench government member of the House of Assembly who also sports a new title of “Legislative Assistant”. Here’s a story that ran in the Western Star on September 3:

The province is working toward an emergency phone system that meets its needs.

So says Paul Davis, MHA for Topsail and legislative assistant to the minister of Municipal Affairs, adding that a committee of senior officials was struck early in 2009 and charged with the task of preparing a request for proposals for a feasibility study into a provincewide [sic] enhanced 911 system.

The province as a cabinet minister responsible for this.  Her name is Diane Whelan.

There is one – there may be two – officially designated alternate ministers able to speak authoritatively on behalf of cabinet when the minister is not available.

In some cases, the deputy minister of the municipal affairs department could speak on the record about government plans. 

There is also a very senior official responsible for emergency services  - called the chief executive officer, but he’s equivalent to a deputy minister - who would be able to deal with this inquiry about province-wide 911 service.  

There’s also an assistant deputy minister for fire and emergency services.

Now if Paul was a parliamentary secretary, then he’d have the to speak on behalf of the government and  - in effect  - on behalf of cabinet about the government’s policy intention.  There used to be a minute of council in the 1980s that set out the duties, responsibilities and powers of a parliamentary secretary.

What about legislative assistants?  They are pretty shadowy creatures.  There’s not even any official public list of how many government backbenchers carry around this extra title. Sometimes they just pop up attending events on behalf of ministers.  

Sometimes, apparently, they can speak about what government is doing.

But on what legal basis do they do anything at all?

One has to wonder as well on what basis backbenchers like Paul Davis get elevated to some sort of pseudo-cabinet job – speaking on behalf of a minister and the government – within only a figurative few days of getting elected while other capable backbenchers just languish. 

It’s all very odd.

Very odd, indeed.

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Constant motion = more delays and nothing new

In the perpetual shuffle process that is the provincial cabinet and senior public service under Danny Williams, three more changes took place on Friday.

Terry French, a parliamentary secretary and by-election organizer finally got his reward of a the extra salary that comes for sitting at the cabinet table.  He’s the last of the crowd elected before 2003 to get the extra.

Tom Hedderson evidently did such a miserable job in fisheries that he has been relieved of that purgatory and given the patronage portfolio.  Meanwhile, Clyde Jackman must be wondering who he pissed off to get fisheries from Tom Hedderson.

All in all, this turned out to be a set of appointments of such monumental nothingness that it makes one wonder why it took the Premier two whole months to figure out what to do.

You may recall that these shuffles were the cascading effect of Trevor Taylor’s departure  - which the Premier knew of before it happened and could therefore plan to handle – and the resignation of Paul Oram.  he lashed a few people into temporary jobs to get over the immediate hump, then lashed up a few more to cope with Diane Whelan’s illness.

Well, after all that time, the Premier didn’t do very much for all the cogitating he supposedly wanted to do. Perhaps he was too busy trying to figure out how many of his personal political staff could crowd into the backrooms of Sandy Collins’ campaign headquarters to make sure Sandy won the by-election in Terra Nova. The answer:  all of ‘em. 

All this comes on the eve of what will be a shortened fall session of  a provincial legislature with the ignominious distinction of sitting annually for fewer days than Tom Rideout was Premier back in 1989.

Very little legislation is likely to come forward.  There is plenty that is missing in action:  Grenfell autonomy, whistleblower protection, midwives.

As noted here before, the seemingly perpetual micro shuffles coupled with a few other things seem to produce a government which cannot actually do very much. 

They talk a lot about doing stuff but produce very little of substance.

And when they do produce something worthwhile, like say an act to provide for sustainable economic development, they don’t proclaim the thing.  Two years and not a peep on it.

Even a strategy on how to keep young people from,leaving the province to find work took 18 months, cost untold thousands and ended up with some really obvious ideas.

The first one was:  “create jobs”.

No wonder people sometimes wonder if your humble e-scribbler makes this stuff up.

Would but that were true.

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Lash-up

With municipal affairs minister Diane Whelan hospitalized with an undisclosed but reportedly very serious illness, the Premier shuffles a few more portfolios off to ministers on a temporary basis with no sign of a permanent set up.

Whelan was already carrying the temporary assignments resulting from Trevor Taylor’s surprise resignation.

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For want of a nail: cabinet ministers and conflict of interest version

The issues raised by the Paul Oram case just got a whole lot worse, politically:

…Oram replied that "if you look at any business people that are involved in government you'd have to ask the same question."

"I'm not the only one that owns businesses within government and owns shares within government, and has been a director of a business within government. There's all sorts of people that are involved there."

Expect reporters and others to ask some logical questions:

• Who are the others in cabinet with business interests that aren’t in a blind trust?
• Has there been a real or perceived conflict of interest in each of these?
• How come the Premier didn’t simply require his ministers to put their businesses in a blind trust when they were appointed to cabinet?

That last one remains the crucial one for your humble e-scribbler.  This entire issue was one of the easiest to manage with a little preventive action.

As a result of that initial decision, Paul Oram’s answer to The Telegram just opened up a whole new line of inquiry where really there shouldn’t need to be one.

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Darrell Dexter’s Dipper Dozen

Nova Scotia Premier Darrell Dexter’s cabinet comprises a mere 12 members including himself.

Interestingly, the news release is written in the style of what has come to be called a “social media” release.

The new cabinet includes 38.7% of the government caucus and only 23% of the members of the legislature.

Wonder what the comparative numbers for Newfoundland and Labrador would be?

43% and 39.5%.

There are 19 members in the current Newfoundland and Labrador cabinet, including the Premier.  Notice that the Premier is not included in the list of cabinet members even though he is President of the Executive Council.

There are 44 Progressive Conservatives in a legislature of 48 seats.

The new Nova Scotia cabinet is considerably leaner than any cabinet in Newfoundland and Labrador in the past 40 years or so. 

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Cabinet stir

Shake-up suggests a substantive change.

This is more like a minor shuffle, a bit of a stir in cabinet as a few people around the table exchanges files, switch nameplates and scrape their chairs a bit on the floor changing places around the table.

It represents some tactical shifts but the cabinet remains remarkably the same despite the dismal performance of some of the ministers.  Some of the most dismal even got promotions.

1.  Biggest Feature:  Moving Jerome Kennedy to finance from justice gives one of the heirs apparent to the Premier's job some experience in dealing with the full spread of government activities.

2. Old news to Bond readers:  At the same time, moving a strong-willed minister into the portfolio at this point should make it clear that the provincial books are going to be tightened or, at the very least, any groups looking for government cash are going to have quite a racket on their hands.

"We are also shifting gears from a prosperous time to a more stringent time, for want of a better word," said Williams, whose government projected a $544-million surplus in the spring budget, based largely on high oil prices.

"It could be a tough period we're going to go through as well," Williams added.

Could be?  More like "count on it".

3.  No surprise: Kathy Dunderdale, fronting for the premier in natural resources adds the title "deputy premier" to her list of responsibilities.  She's been acting in this capacity and the extra title is recognition of her ability to follow instructions or least be less than forthcoming with embarrassing facts.

4.  Still one short:  Susan Sullivan comes in.  Charlene Johnson takes medical leave, with her portfolio now handled by another acting minister, on a go forward basis.

5. A promotion for what, exactly? Intergovernmental affairs should be a senior portfolio, handled by an experienced minister.  The trend at both the federal and provincial levels lately has been to hand the job to second or third stringers.

In this case, it's Dave Denine whose time in municipal affairs was notorious for its embarrassing moments.

6.  Structured to underperform:  Tom Hedderson as new minister of fisheries likely ensures that Derek Butler and anyone else interested in fisheries renewal will be left SOL by the cabinet stir.

7.   Stay the course:  Ross Wiseman and Joan Burke keep their portfolios despite much speculation  - even within Provincial Conservative circles - that they would be given a rest from their burdens.

8.  Back to the sidelines:  Having come back into the limelight through the innovation and fisheries portfolios, Trevor Taylor - once a high flier  - heads off to look after snow removal. No one is going to intimidate Trevor about road work, but then again, political staff in the Premier's Office have that one under control anyway.

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Phoning it in

Education minister Joan Burke turned up this morning as the first caller on Open Line with Randy Simms.

She was calling from Stephenville, or "from the district" as Simms put it.

He made it sound like Burke was just back in her district for a visit.

After all, that's likely what you'd expect given that the department she runs is headquartered in St. John's. Being a minister is usually a busy life, even in the summer, what with the meetings related to cabinet and the meetings in the department and just being available to sign all those letters that have to be signed even in an age of computers and e-mail.

Thing is, Burke likely wasn't just stopping in for a visit.

And she likely isn't the only minister who tends to head back to the district during the times the House isn't in session.

Something keeps coming back to your humble e-scribbler about a comment Burke made having to do with ministerial expenses. There was a document establishing her primary residence, which, if memory serves, government officials expected would be in St. John's while she held Her Majesty's commission. The declaration was part of determining what set of expense rules from treasury board would apply.

Burke's comment stood out as she found that form a bit problematic, given her primary residence was in Stephenville. There was some mumbling criticism about the whole arrangement reflecting the "old boys club" of politics.

Now memories can be faulty, not the least of which being the one between the ears of your humble e-scribbler, so it's possible that wasn't exactly what was said.

The old boys club crack just stood out, though, because it was from straight out of left field. Why would it be surprising that an employer would expect you to live within easy commuting distance of the place where your job was located? There's something sexist in that?

Anyway, Tom Marshall is another minister not originally from the capital city who seems to spend a whack of time working from somewhere other than the Confederation Building.

Sit and think for a second and you could probably come up with a bunch of ministers who have offices and work responsibilities in the capital city but who seem to spend a huge amount of time not in the office.

Well, not in the main office. Marshall likely has a suite in the provincial government building in Corner Brook. Burke too, could likely scare up a bit of space in Stephenville.

John Hickey? Patty Pottle? Trevor Taylor? Tom Rideout when he was still a minister? Charlene Johnson? Kevin O'Brien?

These are just tossed out as possible examples because their districts are not within typical daily commuting distance of the metropolitan region.

Any of them keep two offices and work from home, home being somewhere other than within an easy commute of Sin Jawns?

This is not just a matter of some mouldy old rule after all. The cost of maintaining duplicate offices can be steep. Add to that the cost of having to grab a quickie flight at full fare from Stephenville - for argument sake - and then hopping back the same day just to do a media scrum.

Then there are the regular cabinet meetings and the committee meetings and all the rest.

Pretty soon, the cost of commuting like this would get to be a tidy sum.

Then there are the intangible costs. It would be much easier to meet and discuss some business face to face rather than do it by e-mail or over-the-phone. Ministers living in St. John's - where their main office is located - also have the chance to be more accessible to news media in a slow period during the summer. It gives all sorts of opportunities to increase the amount of information government provides to the public on its activities.

Well, that assumes government wants to give more information or that ministers are capable of doing more than parroting prepared lines, but let's just work on the assumption the current situation is an aberration in the great scheme of things.

Still it seemed a little odd that Burke was in St. John's for a 2:45 newser on Tuesday and then bright and early on Wednesday morning was safe on the west coast again.

Maybe it's just a misperception but then again, there have been too many references to some sort of dual office arrangement over the past couple of years to make it a case of being completely mistaken.

There's a subject for a little bit of investigative reporting.

In the meantime, it might be worthwhile to keep track of the number of cabinet ministers who are phoning in their media hits during times when the House is not in session.

-srbp-

News by Chip

VOCM has been getting a toasting from a few people lately for its questionable editorial choices, especially when it comes to the current provincial administration.

Well, truth be told the favourable coverage of the puissance du jour started a long while ago but really reached full bloom under Brian Tobin. That's when it came to be known as Voice of the Cabinet Minister.

And boy, that name really applies when you see a news organization repeat almost verbatim the fawning, self-congratulatory spin - i.e. bullshit - of a cabinet minister at the centre of a major breach of personal security by a government agency and with it the violation of a brand new privacy act.

Only in Newfoundland and Labrador would a news organization side with the power of the day in a case where said power:

a. Had a complete breakdown of its computer security.

b. Again.

c. For the second time in three months.

d. And sat on the information for three full days.

e. and even at that point (now almost a week later), still has no idea what exactly happened, how long it was going on and how much information on how many people was involved.

No matter how bad the cock-up, no fear. VOCM will always tell you exactly what the provincial government wants you to know.

And when it comes to stories they get first that cast the current administration (whichever it is) in a bad light, well, they'll avoid it like the plague.

VOCM: Who cares about the common man?

Update; A couple of e-mails raised issues with two aspects of this post.

The first one is simple: the Chip in the title is the Kevin Bacon character in Animal House who ran around insisting all was well in the middle of a riot. it seemed an apt analogy since the basic thrust of the provincial government's message here is that everything is fine and there is a problem, but a really not so important one. After all, "appropriate" measures had been taken. Oh yeah, after the fact but the measures were "appropriate".

The second was with the word "complete" as in complete breakdown of computer security. At this point, we have no idea of the extent of the security breach. But frankly, when it comes to security, the issue is never about the 99% of the system that wasn't involved but the 1% - using arbitrary numbers - that was.

Security is a bit like virginity or pregnancy. You can't be mostly unpregnant any more than you can be a partial virgin.

If there was a breach - and there undeniably was - then the system failed.

To take it a step beyond that, the focus of government's comment and the consequent public comment is that this is seen as an information technology issue. Government computers are secure, as we are told, since the IT people have taken measures to ensure that particular software can't be loaded to government computers.

That's not really the point, though.

Information security is a system, a culture that involves not only the hardware and software but also the attitudes and behaviour of people using the computers and programs.

Take a look at The Breach Blog (breachblog.com) and you'll get a better feel for the issue and the ideas. Information security encompasses a whole range of issues beyond just hardware and software. Scroll the posts at Breach Blog and you can also see the extent of the security issue across the developed world.

Stolen laptops. Unencrypted data. Missing hard drives and flash drives.

Even in the case where a laptop has encrypted data, putting the laptop in a place where it can be stolen suggests a certain laxness (laxity?) in personal habits of the people using the laptops.

Your humble e-scribbler has been involved in information security a number of ways over the years and information security is an integral part of day-to-day business. There are all sorts of the hardware and software methods to secure information from both unintentional disclosure and from possible prying eyes. There's also a segregation of information such that confidential information isn't stored where it might be accessed. Flash drives are routinely cleared of files and each one is kept under close custody.

One client kept apologizing for the security procedures they used internally which included incidentally, keeping physical control over individual movements within the office suite when outside consultants were in the suite. Going to the bathroom required notification, permission and escort. Flash drives were surrendered and scanned on entry and exit to ensure only those files that were authorized came and went.

The Government of Canada has a fairly extensive information security (InfoSec) program that applies throughout government and to contractors. In an increasing number of cases, outside contractors must clear a security screen, including an assessment of security processes and procedures at the contractor's work site.

The responsibility for security is established at the outset:

Departments are responsible for protecting sensitive information and assets under their control according to the Security policy and its operational standards. This responsibility applies to all phases of the contracting process, including bidding, negotiating, awarding, performance and termination of contracts, as well as to internal government operations.

Whether a contract is within or outside a department's delegated contracting responsibilities, the department is responsible for identifying sensitive information and assets warranting safeguards.

Part of the InfoSec issue with the provincial government is related to its overall attitude toward security. That's not a new issue, but things have definitely not improved lately. How many officials have cleared a federally-recognized security screen? The answer as of two years ago was the same as it always has been: zero. That's why no provincial officials were allow to attend a briefing on the Titan missile launch even though the briefing was only at the Secret level, the second lowest level there is.

Recall Heidigate? In 1997, an official of the Premier's Office obtained confidential pension information on three former members of the House of Assembly and leaked it to local media.

Okay. That's bad enough.

But the public servants responsible for controlling the pension data, all of whom knew of the need for confidentiality and who knew or ought to have known the official had no legal right to access the information, gave up the data based on nothing more than a telephone call from the Premier's Office. If they objected or raised questions, we'll never know. Certainly there were no consequences, beyond the minor political controversy that erupted over it. The whole thing was brushed aside by the Premier of the day based on the youthfulness of the person who asked for information. The tone was set from the top.

You see the point: security is about more than whether or not someone can load MSN Messenger or Limewire on a computer.

It's about attitude, and frankly, when the attorney general's news release on the issue focuses attention everywhere except on the gravity of the security breach in the first place, we can be pretty sure the security attitude hasn't changed much.

-srbp-