Politicians shirk their duty... again #nlpoli

If the Auditor General starts the investigation of wetlands capping as requested by the Public Accounts Committee, then she will be acting illegally.

The Auditor General has no authority to conduct a review requested by the Public Accounts Committee of the House of Assembly under any provincial statute,  regulation, or constitutional practise.

Section 16 of the Auditor General is explicit about the subjects that the Auditor General may review, if requested by either the Lieutenant Governor in Council,  the House of Assembly,  or the Public Accounts Committee.  They are:

•         [matters] relating to the financial affairs of the province or to public property, or
•      inquire into and report on a person or organisation  that has received financial aid from the government of the province, or   in respect of which financial aid from the government of the province is sought.

In August 2019, Crosbie asked the Public Accounts Committee of the legislature to look into why the environment department had not issued a permit for wetland capping.  Specifically, Crosbie asked for an investigation of a “breakdown in communication that resulted in the flooding of the Muskrat Falls reservoir in violation of an agreement between the Government of Newfoundland and Labrador and the Innu Nation, the Nunatsiavut Government, and the NunatuKavut Community Council to abide by the recommendations of the Independent Expert Advisory Committee, which directed that wetland capping must precede any such flooding. ”

There is no way that the plain English meaning of section 16 can be stretched to cover a “breakdown in communication” of any kind. Crosbie tried to make the issue a financial one by noting in his letter to the Public Accounts Committee that the government allocated $30 million for wetland capping and some it had been spent.

More to the Trimper Affair #nlpoli

The most important implications of the Trimper Affair escaped notice.

_____________________________________

In the midst of all the public commentary about the Trimper affair last week – strikingly racist as it was in some respects – even the people ostensibly supporting the Innu missed the most obvious and most meaningful aspects of it.

The most striking was the skillful way in which the Innu Nation organization obliterated Perry Trimper as a political force and imposed its will on southern politicians from all parties.  The Innu Nation project against Trimper displayed a sophisticated understanding of how the media works in the province, a solid appreciation of the weaknesses of the governing Liberals under Dwight Ball, the organizational cohesion to implement a simple but effective plan, and, above all the will to do it.

Equally compelling to watch was the speed with which the Premier’s Office slit Trimper’s political throat.    While southern newsrooms and Twitterati neither knew about nor cared about the wider context of the story that unfolded in front of them last week, Dwight Ball and his staff either knew or ought to have known.

After all, Ball had brought Trimper back to cabinet only the week before he resigned.  The environment side of Trimper’s portfolio would bring him in direct contact with the sensitive issue of Muskrat Falls and others throughout Labrador and Newfoundland that would involve dealing with organizations representing Indigenous people.

Certainly, Ball and his staff would have noticed that Trimper took – literally – a dozen votes out of Sheshatshiu in the general elections.  Of the two polls in the community, Trimper got five in one and seven in the other.  His Conservative opponent garnered 238 votes.  An unaffiliated candidate took three votes in each poll. 

Ball and his staff, admittedly down by three key people since the election, should have anticipated problems might come up with Trimper.  Yet, Ball brought him back to cabinet and at the very first sign of trouble, Ball disowned his minister. Ball’s statement issued Thursday evening said - in effect – that Trimper did not represent the government.  The statement was blunt and simple.

Restoring Power: destroying the monster #nlpoli

The threat from Muskrat Falls can only be removed by concerted action that addresses the project’s financial burden, restores integrity to the system of electricity regulation, and that breaks, once and for all time, the fundamentally corrupt relationship between the provincial hydro-electric corporation and the provincial government. This is the only way to restore power to the province’s people so that they may control their own future.

And there shall be plans,  and planning for plans...

This weekend, there’s a story at CBC about a recent study done by a provincial government department into why people from this province leave and what it would take to get them back. Don’t be bothered by that sense you’d heard the story before because you had.

Danny Williams and an unidentified aide unveil
the New Approach, 2003 (not exactly as shown).
Some things are best left buried.

The new CBC story came out of a recent two-parter in The Independent. That came out of questions raised in the House of Assembly in June about the bits the government had cut out of the report it commissioned in 2018.

Everyone fixated on the bits the government cut-out in the recent story but there’s something in the conclusions.  The people surveyed were all under age 35, had higher education, and marketable skills.  They left either to find work or find better work and they would come back to the province if they could find a job or a situation here comparable to the one they already have.

This is something people in this province have known for the better part of a century and it is certainly something the provincial government has known for at least 30 years or more.  Not even a hint of exaggeration in any of that.

The study is part of the current administration’s effort to develop a plan to replace the strategy developed by the crowd that ran the place before now to attract what Danny Williams used to call the homing pigeons back to Newfoundland and Labrador.

And the key feature of the ex-pat report is the same as the key feature of a study on immigration or young people who were thinking about leaving the province.  If there are jobs, they will either stay, come back, or come here in the first place, depending on the current physical location of the group you are studying.

The Slaughterhouse Five #nlpoli

Coupled with comparable high rates of staff changes in the senior ranks of the public service,  unprecedented staff turn-over in a critical part of Premier Dwight Ball's office raises questions that need to be addressed.

Premier Dwight Ball has entered the history books.

He has chewed up more communications directors than any Premier since 1972.

Word from the Confederation Building is that Erin Sulley, right, who left community television for the communications business only last October, is now the Premier’s Director of Communications.  It's the most senior political communications job in the provincial government

Sulley was host of Out of the Fog just before joining Ball's staff last fall in the media relations role. In what was a pretty clear conflict of interest, she also started writing a column for the Telegram at the same time.

The MQO poll and Party Choice #nlpoli

MQO's quarterly omnibus poll shows some curious changes in public opinion about provincial political parties.  The province-wide numbers are not curious:  the changes in a couple of the regions are.

Let's take a look first at the provincial numbers.  As usual, SRBP presents the results as a share of all responses, including the refused/undecided/no answer folks.  That's why the numbers here are different from the ones used by MQO in its own release and reported by local news media.  Go to the end of the post for a brief discussion about the way the data is presented.

MQO kindly provided the data tables for this analysis free of charge.  The data collection methodology is theirs.  Interpretation of the data here is solely SRBP.  There is no business or other relationship between SRBP  and MQO to create a conflict of interest.

Contrary to media reports, support overall in the province for the governing Liberals didn't change in the last two quarters of 2018.  The Liberals had the support of 29 percent of respondents in Q3 and 28 percent in Q4.  Support for the Progressive Conservatives declined by four points - 25 to 21 - while support for the NDP went from 11 percent to nine percent.  The number of respondent who refused to answer,  were undecided, or planned not to vote grew by five points (from 36 to 41 percent of responses).

No room for dissent? No time for silence. #nlpoli

The controversy about The Rooms' recent request for proposals is not about Muskrat Falls.

Maybe someone at The Rooms or within the provincial government thought that was the problem when Des Sullivan raised concerns about it.  After all, Des is well known as a critic of Muskrat Falls.  That might explain why Dean Brinton, The Rooms' chief executive,  issued a very short statement that apologized for using Muskrat Falls as an example when explaining the Crown corporation's policy about conflict of interest for advertising agencies responding to the proposal request.

Let us assume that Brinton made a really superficial mistake because otherwise  his response is insulting and condescending.  Any reasonable personal understood our ought to have understood that Sullivan was concerned about the implication that critics of the provincial government could not bid on government work.

Brinton didn't deal with that at all.

The Sunshine List Case hits the court #nlpoli

The public sector unions' attack on freedom of information is finally in front of a judge.  The unions want to  block disclosure of the names of public servants in response to a request from the Telegram's James McLeod for a list of public service positions in which the person holding the job makes more than $100,000 a year.

McLeod is compiling the list because both the former administration and the current one have committed to publishing one but haven't done so yet.  Several other provinces publish similar lists of public employees who make more than $100,000 a year.

The union's says it's okay to disclose the position title and income but McLeod shouldn't  have the name of the person holding the job.  It's a insane argument since there is no practical way to withhold either of the three elements of the request - name, position, salary - such that a person couldn't make up the list after a couple of requests. It's an insane argument from because the unions don't oppose disclosure of the name and position separately from the salary.  Well, at least they haven't objected so far.

But the position taken by the unions doesn't make sense for a bunch of other reasons.

Changes in the fishery #nlpoli

Your humble e-scribbler was on The Broadcast with Jane Adey, discussing the campaign to split the inshore fishermen from the FFAW.  Give it a listen if you missed it: CBC podcast.

Three points:

First, there are a couple of conflicts of interest inherent in the union.  One is the conflict between the interests of inshore fishermen on the one hand and the plant workers on the other.  The other is the conflict between the unions job of representing the workers' interests to the provincial and federal government versus the union's practice of taking cash from government to run projects and programs.

Both of these have been around for a while. They have been controversial.  But this is the first time anyone has raised it as a major political issue.

The Running Man #nlpoli

With questions swirling about what Premier Dwight Ball knew about severance payments to former Nalcor boss Ed Martin and when he knew it,  Ball has asked the province's auditor general to take a look at whether or not it was appropriate to pay severance to Martin.

Different question.

That's a pretty transparent effort to run away from the controversy that exists purely because Ball refuses to tell the truth about what he knew and when he knew it.

The Government's ongoing Communications Problem - the political side #nlpoli

To understand the communications problem the Liberal administration faces,  look at the first and so far only decision they have taken on communications to date.

Everything stays just as it is.

Nothing changes.

Nobody changes.

The official excuse a Liberal minister will offer when asked is that the cost of severance would be too great to get rid of them all.

But as bizarre as it was to leave directors of communications for Conservative Premiers in charge of communications for a new Liberal administration, the partisan bias of some of the folks in the jobs isn't the point.

The problem is that their entire approach to communications has been an obvious, dismal failure for five years.  Today, we'll take a look at the political problem the Liberals have.  On Friday, we'll dissect the Conservative mess the Liberals continue to use.

Ring access ruling blames wrong culprit #nlpoli

To understand why access commissioner Ed Ring's ruling issued last Monday was troubling, you have to know some back story.

Ring was ruling in an investigation over an access request for two reports that should be in the Premier's Office.  An access request for copies of the reports got the reply that the office doesn't have them.  The actual response used the bureaucratic phrase "no responsive records."

Whoever went looking for the records appealed to Ring, Ring's office investigated, and then the report came out.  Ring chastised the Premier's Office for not keeping better track of its stuff.  In essence, he laid the blame for the missing files on the current crowd in the office.

That's wrong.

Not just another pretty face #nlpoli

Stan Marshall is the guy who should have been running Nalcor in the first place.

Well,  if you wanted to make a successful business out of Nalcor, Marshall is the no-guff leader you'd want.

Marshall's resume speaks for itself.  His knowledge of the electricity business is unrivalled in the province. His experience in running a profitable corporation and expanding it internationally is undeniable.   During his 20 years at the helm of Fortis,  as the Telegram's Ashley Fitzpatrick reported in 2014, Marshall grew the company's assets from $1.0 billion to more than $18 billion.

Joining the access fight #nlpoli

As it turns out, the "commentary" on access from information and privacy commissioner Ed Ring is tied to a lawsuit coming from the province's teachers' union to block an access to information disclosure to the Telegram for a list of teachers and principals making more than $100,000 a year in salary.

The school district hasn't sent the requested information James McLeod as they know the teachers union application is coming.

Your humble e-scribbler filed an access to information request for the school district on Wednesday evening asking for a list of all teachers employed by the district and their individual salaries.  Simple list.  Send it out in a pdf.

Here's why SRBP joined in.

The teachers' union is wrong, as a matter of principle.

The public has a right to know the name, position, and salary of every person on the public payroll.

Period.

Clowncil should try honesty, not more secrecy #nlpoli

The problem at St. John's city council isn't the recent budget.

Council is a nest of ego and ambition.  Not so very long ago,  council members fought among themselves privately and publicly.   Some of it wasn't very pretty.  Some of it was often very petty. But in the clash among councillors the public found out about what was happening with their city.

The current crop of councillors decided that the best thing for them to do is take decisions and debate out of the public view and to move it behind closed doors, into the shadows.  They caught the disease of arrogance and entitlement that infects provincial politics. 

The budget was nothing more than a symptom of the deeper problems at city hall.

Fear and Hope #nlpoli

In his major interview with NTV on the first weekend of the formal provincial election campaign,  Premier Paul Davis insisted that his party was not the same as the federal Conservatives.

Then he argued that Liberal Dwight Ball would not be able to represent the province’s interest in Ottawa because the Liberal leader would not be able to challenge the Liberal prime minister,  who Davis referred to as Ball’s “boss.”

It was a classic Conservative ploy to resort to fear.

Fear a Liberal government, Davis warned.  Bad things will happen.

Ryan Cleary told a gaggle of reporters that the prospect of a Liberal government in Ottawa and a Liberal government in St. John’s kept him awake at night.

More fear.

Then we got the hat-trick of fear. While the other two were pretty much par for the course, the third one was a gob-smacker..  

Admission of failure: Conservative offshore negotiations #nlpoli

The news release on the government’s generic offshore royalty  wasn’t exactly a model of clarity and accuracy.

The headline and first sentence referred to the announcement of a “framework.”

The first quote claimed that “establishing the enhanced generic offshore oil royalty regime” was an achievement for the current administration. 

The problem is that none of it is true.

Through a glass, darkly #nlpoli

Imagine that Newfoundland history is enclosed inside a gigantic room.  Inside the room everything is pitch black.

Every now and again,  someone opens the door and goes inside the room to take a look at an event somewhere in the past.  They don’t have much in the way of light to help them see.  When they get to whatever spot they are looking for, they take a picture and bring out with them to tell the rest of us the story of what they saw in the dark room.

If you had hundreds or even dozens of people going in and out of the room,  after a while you might build up a really clear picture of all the stuff inside.  Unfortunately,  only a few people have gone in.  Some of them have come out with nothing more than sketches.  Some of them brought cameras and a couple had the sense to get short movies.

For anyone who wants to understand what happened in our collective past, you can see what kind of a problem there is.  Not only have we only had a handful of people go in, a lot of them go to the same place over and over again.  In some cases,  people interested in the local history don’t even go into the room  any more. They just describe to us the sketches and out-of-focus snapshots taken by others.

A troublesome and costly pattern #nlpoli

There are so many problems raised by Premier Paul Davis’ zeal to sign an agreement with Statoil for the Bay du Nord that it is difficult to know where to begin.

Perhaps the best place to start is with the deal announced the day before Davis’ oil news.  The provincial government gave $6.5 million in public money to an insurance company to establish a major corporate office in St. John’s. 

Newfoundland and Labrador got the company to move here by engaging in a bidding war with other provinces that were anxious for the business.  Newfoundland and Labrador essentially gave away the most.

That’s what happens when you bargain in a weak position.

Duff in the Hole #nlpoli #cdnpoli

Dwight Ball’s announcement last week about Liberal Party funding was a good example of how relatively simple mistakes can turn a good-news announcement into a major public relations problem.

Another aspect to the story is a good example of how false information can make the story worse.

You know things are going badly when… #nlpoli

… you launch your election campaign at at huge fundraiser and your signature policy announcement gets slaughtered on Twitter within seconds of the words leaving your lips.

Yes, friends,  Paul Davis told the world he will create some kind of savings fund from oil royalties.

In 2021.

If, and only if,  they can manage to balance the books by then.

And of course, only if Paul and/or the humourously named Conservatives can get re-elected not once but twice between now and then.

A number of people pointed that out immediately on Twitter on Wednesday night.