Money and Politics – the Chronic Enforcement Problem #nlpoli

We can have all the rules in the world about how political parties and political candidates receive and spend money in Newfoundland and Labrador, but they are useless without meaningful enforcement.

It’s been illegal since 2011 for municipalities to make political contributions.  The association representing the province’s towns and cities knew about the 2011 amendment to the Municipalities Act.

The people at the electoral office didn’t.

Ban corporate political donations: Dumaresque #nlpoli

Liberal leadership candidate Danny Dumaresque wants to reform the provincial election laws to ban corporate donations, as the Telegram reported on Thursday.

“I think in Newfoundland and Labrador, we’ve got to update the program,” he said. “(We’re) not living up to the expectations of the voting public, and it’s time for us to go forward and get current and have the respect for the voting public that they deserve.”

He said he wants to see a system in which the law would prevent “any possibility that big business can have access to elected officials — especially people in the government.”

So far Dumaresque is the only Liberal candidate to offer this kind of progressive reform ideas.

-srbp-

The Joy of Political Giving, By-Elections edition #nlpoli

Official election finance returns for two by-elections in 2010 and 2011 show an interesting pattern of political contributions.

The most interesting tidbit is that the Tories had to pull out all the financial stops to ensure Vaughan Granter won Humber West. The party transferred more than $17,000 to his campaign.

The single largest expense for the campaign was for workers’ travel.  The Granter campaign spent $14,000 paying for campaign workers’ travel. In addition, the Tory party spent another $10,000 of their own on worker travel. In total, the Tory party spent $28,000 on the by-election.

The returns are the by-elections in and Conception Bay East-Bell Island (2010) and Humber West (2011).  The table below  shows the contributions broken down into personal donations and corporate ones.  CBE-BI is on the top and Humber West is on the bottom.

It’s the mismatch between the personal and the corporate that stands out in Conception Bay East-Bell Island.  Tory David Brazil received 43 corporate donations averaging $470 each, but had contributions from only 18 individuals.  

Among the corporate donors to Brazil’s campaign was a numbered Ontario company that apparently operates an Italian restaurant.  1148305 Ontario Inc. (New Hope Properties) also donated to the Ontario Liberal Party in Cambridge Ontario in 2003 and 2007.

Brazil also got donations from OCI and the Pennecon as well as the gang of loyal givers from the Old Man’s old law firm.

Liberal Joy Buckle also had a large number of corporate donors.  The more interesting ones show a connection to the former leader of the Liberal party and the current one.

New Democrat George Murphy was the only one of the three by-election candidates who turned out more personal than corporate donations.  among his big benefactors was wannabe party leader and current MHA for St. John’s North Dale Kirby.

Check what they spent their money on and you can see the huge advantage incumbency gives you.  The Tories raised more than $37,000 compared to about $15,000 for the NDP and slightly more than half that for the Liberals.  But the Tories were able to transfer out of the campaign more money than the Liberals raised in total and almost as much as the NDP spent.

Out on Humber West, the story was different.  Liberal Mark Watton turned up 47 donations from individuals and 11 from corporations.  The geographic origin of Watton’s donors  - across Canada and one from France - attests to his wide personal appeal and connections.

While Watton’s successful Tory opponent netted a large number of corporate donations, a couple of them might be looking for his help these days.  Well, at least four members of the Corner Brook Firefighters Association, newly out of work thanks to Vaughan Granter’s Tory colleagues on the Corner Brook city council.  Maybe the boys can ask Vaughan to intercede on their behalf.  They did give him $500  - via the association - in the by-election.

Their spending and income statements, though are where things get really interesting.  Watton raised way more than Granter.  The Tory party had to transfer $17,000 into Granter’s campaign. Granter only raised $14,600 on his own compared to $25,000 for Watton.

- srbp -

Dipper candidate screwed by Tory election law mess #nlpoli

New Democrat candidate George Murphy is being accused of breaking the province’s election finance laws

Murphy’s chief financial officer sent out an e-mail soliciting donations for Murphy’s campaign in the upcoming election.

But that goes against section 282(3) that says only a registered party or a candidate can ask for donations.  The problem is that as far as the Elections Act is concerned, Murphy isn’t a candidate because the election hasn’t been called.

People can vote for him, or his party and have been able to do so for weeks even though there is no election called.

But they cannot contribute to Murphy’s campaign.

Frigged up or what?

The election finance laws haven’t been updated since 1998.

The ridiculous bit about advance voting came along with fixed election dates under the Williams' Conservatives in 2004. But Williams and his gang had no interest in modernising the elections finance laws even though Williams promised to do just that as part of his election campaign in 2003.

There is no greater fraud than a promise not kept some famous politician used to say.

Anyway, if the CBC story on this is accurate the provincial elections office says it will insist that Murphy refund any money he raised. 

Since a registered political party can legally fund-raise under the same section, the New Democrats need only change the organization doing the solicitation and everyone can happily reconcile the mess by fixed election date laws in an election finance section designed for a different situation.

No harm intended.

No real foul committed, especially when the provincial election laws are so woefully antiquated or  - as in the special ballot provisions  - are such an obvious mess.

What’s more, there are a bunch of ways people could contribute to Murphy’s campaign without triggering that section of the Act. it’s right there in black and white, if someone at the electoral office actually read the law they are supposed to enforce.

Instead, the same office that refused to investigate political work paid for by money obtained from the public purse through fraud when it involved the ruling Tories is going to punish a New Democrat for what could be – arguably – a misreading of the Elections Act by both the elections office and the candidate?

Something is very wrong in that.

- srbp -

Nurturing a democratic revolution

Public life in Newfoundland and Labrador remains as fundamentally undemocratic as it ever was.

Paternalism remains the order of the day.  As three sitting members of the House revealed, they they are the face of government in their districts. 

Never mind that neither of them is actually in government.  As members of the legislature, each member has but one job:  to hold the government to account for its actions.  They do so on behalf of their constituents. Doesn’t matter if they sit on the government back benches or the opposition benches.  Their job is to serve the people of the province and the House.

By that measure, none of the current members do their jobs very well. 

The House of Assembly sits  - on average - the least number of days of any legislature in the country.  Members have little time to study any legislation the government proposes.  From the government side, members usually read prepared speeches full of officially sanctioned drivel.

The opposition members of the legislature are no better.  Liberal and New Democrat alike, they tend to rely heavily on official government statements for what they know and say about a bill.  Their comments in an afternoon sitting of the House are often laughable paraphrases of what officials told them in a morning “briefing”.   One need only look at the Hansard record of speeches by Lorraine Michael and Yvonne Jones on the day their rolled over and helped the government in the Abitibi expropriation fiasco to see this situation plainly.

The House has no functioning committees to review legislation. The Committee of the Whole remains nothing more than a hollow exercise in form over substance. The public accounts committee – once the means by which the legislature reviewed all public spending – remains as dead as it was during the darkest days of the recent patronage and corruption scandal. 

As amazing as it is to say, the House of Assembly in the early 21st century has reverted back almost to what it was before the collapse of Responsible Government in 1934.

The House of Assembly is reduced to a form of Punch and Judy show. And to compliment it, recent changes to the provincial access to information laws have systematically reduced public knowledge of government actions when the legislature is not sitting.

The people of Newfoundland and Labrador have turned their backs on politics in increasing numbers.  Voter turn-out in recent general elections and by-elections is at historic low levels.  They know that they have little control so there is no incentive to take part. 

Even the appointed House officers – the Speaker, and the watchdogs of privacy, children’s interests, elections and public accounts – are bumbling and useless. Some offices have been or are filled by political hacks who do not even pretend to be impartial.

A modern, prosperous province deserves a healthy thriving democracy.  Nothing short of a spiritual revolution can reform public life in Newfoundland and Labrador and raise it to the standards that the ordinary men and women of the province deserve.

Here are some ways to do that.

For starters, we need election finance reform:

• Ban corporate and union donations.
• Only individuals should be able to contribute to political parties to a maximum of $5,000 a year.
• Ban “in kind” contributions to parties and candidates.
• Limit election, by-election and leadership campaign fundraising and spending.
• Limit spending by political parties and third parties during elections and during the years between general elections.
• Require full disclosure of donations when they occur, with additional monthly updates on the Chief Electoral Officer’s website.

Piece-meal and largely unnecessary changes to elections in the province from 2004 onward have produced an electoral system that is an embarrassment in a democracy worthy of the name. Electoral reform should include the following measures to break the influence of money and to restore some power to the backbenchers and opposition members:

• Remove the provision that the resignation of a premier triggers a general election.  Overbearing ego created it and it serves no useful purpose.
• Eliminate mail-in ballots and the current system that allows voting before an election writ is actually issued.
• Restore the mandatory 90 day period in which a by-election must be called to fill a vacancy.  The 2004 change to 60 days proved unnecessary and, as in 2007, produced the laughable case of a by-election that was called but never actually held.
• Cut off incumbent expense charges, cell phones and other perks of office 45 days in advance of a fixed election date. This will discourage campaigning at public expense by incumbents.
• Compel members not seeking re-election to vacate their offices and cut off their expense accounts 45 days before a fixed election date or 30 days after they announce their intentions publicly, whichever saves the public more money.
• Introduce amendments to the House of Assembly Act that set mandatory sitting days (for example 50 days in the spring and 40 in the fall) for the House of Assembly with cash penalties for each member if the House does not sit the prescribed number of days.
• Introduce amendments to the House of Assembly Act to establish legislative committees, set the number of hearing days they must sit.
• Make the membership on the committee a function of House seniority regardless of whether a member is on the opposition benches or government back benches.
• Give the committees research and administrative staff to be hired by the Speaker.
• Update:  To go along with this, some other changes to funding would follow:  the office of the leader of the opposition would get funding for administrative positions such as chief of staff, executive assistant and communications director.  Caucuses would no longer get funding for staff and research positions.  Instead, every member would get a standard allotment for a constituency assistant, a travel budget etc. to support individual work as members.
• Update:  The Public Accounts Committee should be the only one with an opposition majority and an opposition chair. 
• Cabinet minister would only be allowed to serve on the House of Assembly management committee.
• Introduce legislation to limit the size of cabinet and the number of government party members who may draw extra payments for government duties.  Exclude those members drawing extra pay from committee work.
• Strengthen the conflict of interest rules for politicians to limit their business and other interests while serving in the House. 
• Add charities to the list of prohibited interests that members may have, especially once they sit in cabinet.
• Extend the prohibited period for doing business with government after leaving office to five years for all politicians and political staff.
• Former cabinet ministers should be barred from any dealings with all government departments, not just the one for which they last served as minister.

To restore the integrity of the House of Assembly officer appointments, nominees should be vetted during public hearings by a House of Assembly committee on appointments.  Nominees should come from a publicly advertised competition, although the list of potential candidates may include recommended nominees from cabinet.

Existing legislation should be amended to allow that officers can only be removed by the Speaker with the concurrence of the committee.  Any suspension or removal from office while the House is not in session must be the subject of a public hearing at the next sitting of the House.

And that’s just the start of it.

In future posts in the series, we’ll look at changes to the province’s access to information laws and reforms to senior appointments.

There are more than 15 good ideas for a stronger Newfoundland and Labrador.

- srbp -

People unfamiliar with the legislature might not understand how some of these changes could produce a dramatic difference in the House.  Let’s see if this helps:

• Banning corporate and union donations breaks the influence of big money on party policy and shifts power back toward individuals.
• Adding charities to the conflict of interest guidelines closes a gigantic loophole in the current conflict guidelines that has proven to be a major problem in the United States. 
• The new committee structure is intended to restore some power to the legislature and to individual members of the House and help break the centralization of power in the first minister. Among other things, it breaks the patronage hold that Premiers have on perks and bonuses that are often held out as a way of influencing members unduly. 
• Individual members should be able to develop a profile, reputation and a power base that would make them contenders for cabinet based on merit rather than obsequiousness and pliability.
• Funding committees instead of caucuses prevents majority parties coupled with a biased Speaker from doing as the Conservatives did in the current legislature with funding for the official opposition.
• Cutting off expenses before a fixed election levels the playing field between incumbents and challengers at the district level.

Dunderdale opts for mid-level bureaucrat as CEO

Not so long ago the province’s chief electoral officer was a career public servant usually of deputy minister rank.

Then Danny Williams decided he preferred partisans in what is supposed to be a non-partisan job.

With the unfortunate death of former Conservative Party president Paul Reynolds,  Premier Kathy Dunderdale had a vacancy to fill.

Her choice?

The current assistant chief electoral officer and director of election finance at the provincial elections office.

No sign of any change to current sorry state of the electoral office, but all the same, let’s wish Victor Powers well in his new job.

- srbp -

My own electoral grandpa: vote in an election that isn’t happening yet

Danny Williams is worried that local politics is being more like the American system.

Much like the more benighted souls in some parts of Eastern Europe, most of Africa and gigantic chunks of the Middle East, Newfoundlanders and Labradorians could only dream of such a thing.

You see, even though they live in one of the most civilised places in the world – Canada – they are subjected to electoral laws introduced since 2003 that make it possible for people to vote in elections that don’t actually exist. Talk about making a mockery of our democratic legacy.

News of the latest version of this farce came from ads in the local papers.  in itself that is another reminder of the backward steps for democracy taken in this province since 2003.  Where once the chief electoral officer was a non-partisan public servant, the last two have been partisans.  One was a former Liberal cabinet minister. 

The current one had to resign from his seat on a party organizing committee in order to take the job. The party, of course, is the province’s Reform-based Conservative Party, and the guy who currently serves as chief electoral officer used to be the president of that highly partisan crowd.


This is yet another one of those things you could not make up.  You could not make it up because it is the most ridiculous idea imaginable in a democracy.

Yet it exists as the law in this province.  It’s one of a package of “reforms” introduced by the governing Conservatives after 2003 that turned out to be more of a farce than not.  Meanwhile, the meaningful reforms Danny Williams promised in 2003 - new campaign finance laws, for one - simply vanished as if they never existed.  What was it he used to say about unkept promises?

And if you enjoyed this little tidbit of electoral idiocy, consider the version in 2007 when Williams called a by-election that never actually happened.  This was the original version of “I am my own electoral grandpa”.

- srbp -

Illegal Dipper campaign donations in NS

Elections Nova Scotia is fining the provincial New Democratic Party over $10,00 in illegal campaign contributions.

Meanwhile, as BP told you this time last year, the Ontario NDP broke that province’s election finance laws in 2003 when they made a donation to Randy Collins’ campaign in Newfoundland and Labrador contrary to s. 29 of the Ontario Election Finances Act.

No word on whether or not the Ontario elections office ever followed up on that tidbit.  The maximum fine under Ontario law is $5,000.

-srbp-

‘Ethics and accountability’ report card

More than half not done despite 2003 commitment “to deal with them and begin to restore the public's confidence”

Of the 23 commitments made by the Progressive Conservative opposition on what a February 2003 news release termed “ethics and accountability”, 11 remain unfilled and in two instances, the action taken went against the stated commitment.

Amendments to the energy corporation act in 2008 and the research and development corporation act in 2009 both increased the restrictions on disclosure.

No action has been taken to impose six new, tougher restrictions on campaign financing.

No action has been taken to reduce restrictions on disclosure of cabinet confidences and no amendments that would “enhance the transparency of government actions and decisions.”

Of the 10 commitments actually met, one to impose significant penalties for breaches of the lobbyist registration act turned out to be nothing more than a potential one year de-registration.

At least two significant lobbying efforts were never registered.  One involved a multi-million dollar fibre-optic deal.  in another instance, officials of a tourist project now in bankruptcy protection claimed publicly to have been lobbying but never registered their activities.

In two others where action was taken, nothing appears to have been done to implement the commitment until the House of Assembly spending scandal became public.  The commitments – for a code of conduct for members of the legislature and  new administrative procedures on allowances  - were implemented in 2007 as a result of recommendations by Chief Justice Derek Green following his inquiry.

The policy commitments were made by then-opposition leader Danny Williams.  Ironically, Williams was accompanied at the announcement by Ed Byrne, currently serving a prison sentence for fraud and corruption.
Williams’ words at the time proved to be prophetic:

We've invited you here today to address what I see as one of the greatest challenges facing elected governments today. As a result of recent developments at both the provincial and national level, I firmly believe that the public is losing confidence in their elected officials. 

We've seen blatant abuse of office and taxpayers' money, allegations concerning conflict of interest, questions of fundraising contributions, and suggestions of impropriety during leadership conventions. These are very serious issues that are eroding the people's confidence in government.

Now, we can either choose to ignore these issues and continue with the status quo or we can attempt to deal with them and restore the public's confidence. I'm saying that it's time to deal with them and begin to restore the public's confidence.

Public confidence likely took a further dip with the revelations of what occurred in the legislature between 1997 and 2006.

Here’s a list of the commitments and notes on the actions taken or not taken.  The complete news release is at the bottom of this post.

Serial	Commitment	Action
1	“We will legislate maximum donations to candidates in Party leadership contests, nominees in Party candidacy races, and candidates in general elections and by-elections.”	No action taken.
2	“We will set out in legislation that the cash contribution to the party from an individual or corporation shall not exceed $10,000.”	No action taken.
3	“We will also legislate maximum expenditures by candidates in Party leadership contests, nominees in Party candidacy races, and candidates in general elections and by-elections.”	No action taken.
4	“Furthermore, we will require the full public disclosure of all donations to, and expenditures by, candidates in Party leadership contests, nominees in Party candidacy races, and candidates in general elections and by-elections.”	No action taken.
5	“With respect to Party leadership races, we will require that donations must be disclosed when they occur, and all expenditures must be independently audited and fully disclosed within three months after the election of a new leader.”	No action taken.
6	“We will also enact provisions governing the ownership of unused contributions donated to candidates in leadership races. These legislative provisions will ensure that all unused donations are returned to the donors”.	No action taken.
7	“We will amend the Elections Act to require that provincial elections be held on a fixed date every four years, or immediately if a government loses a confidence vote in the House of Assembly.”	House of Assembly Act amendment, 2004
8	“The legislation will ensure that, if the Premier resigns or the Premier's office is vacated within the first three years of a term, an extraordinary election will be held within twelve months and a new government will be elected to a fixed four-year term.”	House of Assembly Act amendment, 2004
9	“We will also amend the Elections Act to require a by-election to be called within 60 days of a vacancy and held within 90 days of a vacancy, so as to ensure that all Newfoundlanders and Labradorians are appropriately represented in the legislature.”	House of Assembly Act amendment, 2004
10	“We will establish a new procedure to provide for the proper auditing and disclosure of the expenses of Members of the House of Assembly.”	Significant new procedures were not implemented until after the disclosure of the spending scandal and not until passage of the House of Assembly Accountability, Integrity and Administration Act in 2007.
11	“We will amend the Access to Information legislation to enhance the transparency of government actions and decisions.”	Amendments to the Energy Corporation Act in 2008 and the research and development corporation act 2009 significantly reduced access to information related to these two bodies.  There have been no amendments to the ATIPPA to “enhance the transparency of government actions.”
12	“The Access to Information legislation proposed and passed by the Grimes government in 2001 (though it has not yet been proclaimed) allows the government to exclude a great deal of information from release to the public under the umbrella of "cabinet confidences". We will limit that exemption so more information that rightly belongs in the public domain will be accessible to the public.”	No action to limit the exemption. A request for disclosure of polling (specifically listed in the 2002 legislation as not being exempt from disclosure) was denied initially on the grounds it may disclose cabinet confidences.
13	“Also, the legislation will be changed so any information that continues to fall under the umbrella of "cabinet confidences" will be released earlier.”	No action taken
14	“We will enact changes to tighten up the exceptions to the release of information.”	Amendments to two other acts in 2008 and 2009 created new mandatory exemptions.
15	“We will remove provisions that allow the cabinet to override the legislative provisions of the Act by regulation at their discretion.”	No action taken.
16	“Finally, we will shorten the time lines for the release of information so information that rightly belongs in the public domain is available to the people of the province on a timely basis. Access delayed is sometimes access denied.”	No action taken.
17	“A Progressive Conservative government will commission a process of public consultation directly or through a special committee of the House of Assembly to develop appropriate and strict legislation for the registration of lobbyists operating in this province.”	Consultation took place in 2004.
18	“The primary objective of the legislation will be to establish a registry so the public can see by whom their Members and their government are being lobbied.”	Lobbyist Registration Act, 2004.
19	“The legislation will require that lobbyists report their activities. It may also require those who hold public office to disclose circumstances in which they have been lobbied.”	Lobbyist Registration Act, 2004. Public office holders are not required to disclose circumstances in which they have been lobbied.
20	“The legislation may require lobbyists to file their general objectives and/or their specific lobbying activities.”	Lobbyist Registration Act, 2004.
21	“The legislation may differentiate between those who are paid to lobby government and those who represent volunteer or non-profit agencies.”	Lobbyist Registration Act, 2004.
22	“The legislation will impose significant penalties for those who violate these provisions.”	The only penalty that may be imposed is the cancellation of a registration or the refusal to register a lobbyist for period not to exceed one year in duration.
23	“We will also ask the legislature to adopt a strict code of conduct for all Members, to be enforced by the Commissioner of Members' Interests, emphasizing their accountability to the wider public interest and to their constituents, and the need for openness, honesty and integrity in their dealings with the public, constituents and lobbying organizations.”	A code of conduct for members of the House of Assembly was included in the House accountability act in 2007 on the recommendation of Chief Justice Derek Green. Prior to the disclosure of the House of Assembly spending scandal, no action appears to have been taken on this.

-30-

Williams announces policies regarding
ethics and government reform

ST. JOHN'S, February 5, 2003 — Danny Williams, Leader of the Opposition and MHA for Humber West, today announced a number of policies regarding ethics and government reform. His speaking notes follow:


Good afternoon, and thank you everyone for coming out today. Joining me is Ed Byrne, our House Leader, and Harvey Hodder, one of our longest-serving MHAs.

We've invited you here today to address what I see as one of the greatest challenges facing elected governments today. As a result of recent developments at both the provincial and national level, I firmly believe that the public is losing confidence in their elected officials.

We've seen blatant abuse of office and taxpayers' money, allegations concerning conflict of interest, questions of fundraising contributions, and suggestions of impropriety during leadership conventions. These are very serious issues that are eroding the people's confidence in government.

Now, we can either choose to ignore these issues and continue with the status quo or we can attempt to deal with them and restore the public's confidence. I'm saying that it's time to deal with them and begin to restore the public's confidence.

To that effect, I am today announcing several policies to help modernize the electoral process and the day-to-day operations of the government in Newfoundland and Labrador. These policies concern three separate areas that can be classified under the following general headings: transparency in political fundraising, effective government, and regulation of lobbyists.

Each policy area was developed under the basic philosophy that the public has a legitimate right to be informed of their government's activities.

A. Transparency in Political Fundraising

Let's first look at transparency in political fundraising.

The Elections Act limits election campaign contributions and spending, and attempts to promote electoral fairness by allowing candidates to recover part of their campaign expenses from public funds.

However, the intent of the Act is undermined by loopholes that allow political parties to raise and spend unlimited amounts of money before an election is called, and permit unlimited contributions and spending on leadership contests.

A Progressive Conservative Government will amend the Elections Act to close those loopholes.

• We will legislate maximum donations to candidates in Party leadership contests, nominees in Party candidacy races, and candidates in general elections and by-elections.
• We will set out in legislation that the cash contribution to the party from an individual or corporation shall not exceed $10,000.
• We will also legislate maximum expenditures by candidates in Party leadership contests, nominees in Party candidacy races, and candidates in general elections and by-elections.
• Furthermore, we will require the full public disclosure of all donations to, and expenditures by, candidates in Party leadership contests, nominees in Party candidacy races, and candidates in general elections and by-elections.
• With respect to Party leadership races, we will require that donations must be disclosed when they occur, and all expenditures must be independently audited and fully disclosed within three months after the election of a new leader.
• We will also enact provisions governing the ownership of unused contributions donated to candidates in leadership races. These legislative provisions will ensure that all unused donations are returned to the donors.

The public is demanding transparency in the raising and spending of all funds related to the election of Party leaders, Party candidates and Members of the House of Assembly. It is our obligation and our commitment to deliver the transparency and accountability that the public is demanding.

B. Effective Government


We also have seen problems arise over timely elected representation. There have been numerous situations over the last few years in which the electorate has gone unreasonable periods of time without elected representatives. In fact, one district did not have representation for the entire Voisey's Bay debate, which was one of the most important debates that occurred in this province last year. We have an ongoing situation in which the Premier has governed the province for two full years despite the fact that the people of Newfoundland and Labrador did not have the opportunity to elect him. And we have situations in which individuals are not able to obtain information from their government because of countless restrictions and excessive wait periods. This is wrong.

A Progressive Conservative Government will address these issues decisively.

• We will amend the Elections Act to require that provincial elections be held on a fixed date every four years, or immediately if a government loses a confidence vote in the House of Assembly.
• The legislation will ensure that, if the Premier resigns or the Premier's office is vacated within the first three years of a term, an extraordinary election will be held within twelve months and a new government will be elected to a fixed four-year term.
• We will also amend the Elections Act to require a by-election to be called within 60 days of a vacancy and held within 90 days of a vacancy, so as to ensure that all Newfoundlanders and Labradorians are appropriately represented in the legislature.
• We will establish a new procedure to provide for the proper auditing and disclosure of the expenses of Members of the House of Assembly.
• We will amend the Access to Information legislation to enhance the transparency of government actions and decisions.
• Our legislative changes will clearly identify information that should be in the public domain, and will require full and prompt disclosure of the information to the public. The Access to Information legislation proposed and passed by the Grimes government in 2001 (though it has not yet been proclaimed) allows the government to exclude a great deal of information from release to the public under the umbrella of "cabinet confidences". We will limit that exemption so more information that rightly belongs in the public domain will be accessible to the public.
• Also, the legislation will be changed so any information that continues to fall under the umbrella of "cabinet confidences" will be released earlier.
• We will enact changes to tighten up the exceptions to the release of information.
• We will remove provisions that allow the cabinet to override the legislative provisions of the Act by regulation at their discretion.
• Finally, we will shorten the time lines for the release of information so information that rightly belongs in the public domain is available to the people of the province on a timely basis. Access delayed is sometimes access denied.

C. Regulation of Lobbyists


Another activity which must be brought forward for public review involves government lobbying. The governments of Canada and four provinces have enacted legislation requiring lobbyists to disclose their identities, their intentions and their activities. Since there is no such legislation in this province, the people of Newfoundland and Labrador do not know which individuals and groups are lobbying their government to make decisions that will benefit the lobbyists or those they represent. Disclosure reassures the public that their representatives' arms are not being twisted behind the scenes.

• A Progressive Conservative government will commission a process of public consultation directly or through a special committee of the House of Assembly to develop appropriate and strict legislation for the registration of lobbyists operating in this province.
• The primary objective of the legislation will be to establish a registry so the public can see by whom their Members and their government are being lobbied. It will not be our intention to impede free and open access to government by individuals and groups, but we will strike the proper balance through transparency and disclosure.
• The legislation will require that lobbyists report their activities. It may also require those who hold public office to disclose circumstances in which they have been lobbied.
• The legislation may require lobbyists to file their general objectives and/or their specific lobbying activities.
• The legislation may differentiate between those who are paid to lobby government and those who represent volunteer or non-profit agencies.
• The legislation will impose significant penalties for those who violate these provisions.
• We will also ask the legislature to adopt a strict code of conduct for all Members, to be enforced by the Commissioner of Members' Interests, emphasizing their accountability to the wider public interest and to their constituents, and the need for openness, honesty and integrity in their dealings with the public, constituents and lobbying organizations.

Conclusion


In conclusion, I firmly believe that people are losing their confidence and trust in elected government, and that must change. Our Party is committed to that. It is our intention to begin to address these issues and restore public confidence with these policies.

Ontario Dippers made illegal donation to NL Dipper in 2003

Unless “Ontario NDP” is someone’s really odd name, the New Democratic Party in Ontario made a donation to a Labrador New Democrat’s re-election bid in 2003 in violation of the Ontario Election Finances Act.

The donation is recorded in election finance reports on the Newfoundland and Labrador provincial elections office website.

“Ontario NDP” of Toronto Ontario gave $750 to Randy Collins’ re-election bid in Labrador West.

But under s. 29 of the Ontario election finance law, no political party, riding association, candidate or leadership candidate registered under the act can make a contribution to a political party outside the province. The maximum fine  for a general offence under the act is $5,000.

Newfoundland and Labrador’s antiquated election finance laws permit contributions from outside the province, with no limits on the amounts that can be received.

Collins resigned his seat in 2007 and moved to Ontario after being named in the House of Assembly spending scandal. Collins will appear in a St. John’s court in May for a preliminary inquiry on charges of fraud over $5,000, uttering forged documents, fraud on the government and breach of trust by a public official.

-srbp-

It is better to give than receive…

but when you both can give and receive, it’s even nicer.

$10,000 for the group, and a couple of hundred for the candidate of the party in power during the election that same year.

If nothing else, it just looks bad.

We need election finance reform.

 

-srbp-