Rumpole and Justice Delayed (2009) #nlpoli

There is no question that our system provides a great method for adjudicating questions of fact and law, but given the expenditure of public funds we are obliged to the people of Newfoundland and Labrador to provide the best possible system in terms of the efficiency of the process.

Report of the Task Force on Criminal Justice Efficiencies, February 2008

Administrative changes recommended by a committee of lawyers and judges to improve the province’s justice system still haven’t been implemented over 18 months after they were made public.

In December 2007, newbie justice minister Jerome Kennedy appointed a task force that included deputy minister Chris Curran, then Chief Provincial Court Judge Reg Reid and Mark Pike, the current associate chief judge, among others.  They issued their report in February 2008because they were specifically directed “to make recommendations and to meet any necessary budgetary deadlines for the ensuing fiscal year.”

The committee agreed that “with appropriate leadership, goodwill and resources, its recommendations could be fully implemented by the fall of 2008.”

The 'eart of Darkness #nlpoli

No one would be surprised if a cell phone video turned up in the next few days on youtube showing Dwight Ball before he broke his silence and talked to reporters on Wednesday.

The video would be Dwight himself, in his office in the middle of the night, hunched in the corner, staring off into the inky blackness, the only light a faint glimmer coming into a darkened Premier's Office through the large picture windows.

Out of the shadows of the grainy, found-footage clip would be nothing but his voice,  a raspy, dry-throated whisper  over and over :  " the 'orror.  The 'orror."

Felix the Half A-G #nlpoli

If politicians are good at one thing, they are usually good at telling a story that serves their purpose even if it isn’t, strictly speaking, actually what happened.

Last week’s cabinet shuffle is a fine example of that. The story started on the day of the shuffle.  The story appears, in its entirety, in a great column by CBC’s David Cochrane.  He’s accurately repeated the story as Conservative politicians and staffers conveyed it to him. 

No one should doubt Cochrane got the story they told him absolutely correctly.

The thing is, the story Cochrane heard from the politicians isn’t what happened.

Here’s how you can tell.

Constable Contempt #nlpoli

Paul Davis fired Judy Manning from cabinet on Wednesday.

He didn’t meet with her in person.

Davis called her on the phone.

Short of sending her an e-mail or a text message,  Davis couldn’t have shown less class, tact, or respect for the job he holds and for Manning herself than in the miserable way Davis he fired her.

To make matters worse, Davis couldn’t even come up with a good reason for dumping Manning.  Take a look at three minutes from the post-shuffle scrum that CBC posted to its website.

David Cochrane asked a simple question.  Davis wandered all over the place and never gave a plain answer.  Even at the end of Davis’ answer to the second question, we aren’t really any further ahead in understand why Davis threw Manning under the bus and then backed over the body a few times for good measure

Rodent Intercourse #nlpoli

If you want to see a fine example of the political management of a potentially devastating scandal,  take a close look at how Justin Trudeau and the Liberals handled the accusations against two caucus members.

One news conference stripped the New Democrats of a political issue they could have – and likely would have  - used against Trudeau in the run-up to the next general election.  Trudeau positioned the Liberals as the champions of the fight against sexual misconduct in the workplace.  And to cap it all,  Trudeau’s statement effectively shifted the focus of the story from the salacious details onto the fact that the federal parliament has no means to deal with harassment.

That last one turned out to be highly advantageous.  Within two days of the Trudeau news conference,  a former New Democratic Party staffer launched a law suit against an NDP member of parliament over allegations of harassment.  The best that Thomas Mulcair could muster is the claim that, as reported by Canadian Press, that the MP “would not face a reprimand because a management-union committee had already reviewed the matter.”  The MP said “he took all the right steps, and believes the matter will be dismissed.”

The Usual Suspects #nlpoli

The Conservatives who said Premier Paul Davis was going to doing nothing more than shuffle the cabinet that was already there got it absolutely right.

On Tuesday,  Davis announced his new cabinet and the names and jobs are all very familiar.  To give the illusion of change, Davis re-organized a couple of the portfolios and gave them some new names but basically, there are no changes of direction in the bunch.

Everyone noticed that Davis rewarded Steve Kent for his support leading up to and during the leadership convention.  Kent got the biggest portfolio – health – and will be the deputy premier and minister responsible for the Office of Public Engagement.

They also noticed the political unknown Davis found to take over the renamed justice portfolio.  The new minister, the unelected Judy Manning isn’t news on her own. Calling the department of police, prisons, and fire trucks the ministry of public safety is as old as the hills.

The big story in the cabinet shuffle is somewhere else.

All our yesterdays #nlpoli

Someone in Paul Davis’ campaign has a quirky sense of humour.

They picked Bill Clinton’s 1992 election theme music for Davis to use as his walk-in music during the convention.  Let’s leave aside the eventual Bill Clinton of stains on little blue dresses and just look at the 1992 presidential election for a second.

Clinton was the Democratic Party insurgent tackling the other half of one of the more popular Republican presidents in a generation.  Ronald Reagan had run two successful majorities and passed on the legacy to his vice-president – George Bush – who had won handily in 1988.  Bush himself had become hugely popular after defeating Saddam Hussein in 1991 during the First Gulf War.  He’d faltered though, as the American economy faltered. The result was that Bill Clinton won the election in 1992 and ended Republican control of the White House after a dozen years.

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.

-srbp-

Trash, Give-aways, and Conservative Policy #nlpoli

Friday is trash day in the world of political communications. It’s the day when you slip out stuff that is unpleasant in the hopes people will miss it.

If you can slide in another story, like say the completely unnecessary appointment of a finance minister who will have the job for a mere two weeks or so, it’s possible you can bury one load of trash under another.

That’s what happened last Friday in St. John’s.

Family reasons #nlpoli

The story flopped out on Friday morning,  broken by VOCM, based presumably on information that came directly from Charlene Johnson herself.

We can presume that because as the rest of the newsrooms caught up to VOCM,  Johnson confirmed that the story was generally true.  As CBC reported, “Johnson said she wants to leave because of family concerns. Her husband now works overseas. As well, she is the mother of a young daughter.”

The eulogies for her political career were quick and generally laudatory. Some picked up on the line from her commentary that she was leaving because of family considerations and pronounced it entirely right and just.  Her husband was working out of the country and her young daughter was just five years old. 

Good for you, girl, they clucked in paternalistic approval.  Someone claimed out that Johnson had broken new ground by being the first politician to give birth while in office.  She’d challenged the conventions, so the claim went, and forced the legislature to consider new rules about parental leave and responsibilities.  The political panel assembled for this week’s On Point over at CBC all thanked Charlene for her years of service and wished her well.

All wonderful stuff, except that “family reasons” is an excuse so worn out from over-use and, as in Johnson’s case, misuse, such that it is not a cliche.  “Family reasons” is beyond that.  It is now a code word for something else.

And everyone knows it is bullshit.

Avoiding a cabinet shuffle #nlpoli

By the end of the week,  Premier Tom Marshall will be short at least two cabinet ministers.

Paul Davis quit as health minister on Wednesday and Steve Kent is expected to follow on Thursday as both vie for the party leadership.

On top of that he’s missing Joan Shea who quit last month.

Some think Tom will shuffle the cabinet.  He could do that, except that he doesn’t really have much to shuffle with.  On top of that, he’d also be stuffing people into cabinet who the new leader might not want to face as a cabinet minister in the middle of September.

Tom doesn’t have to shuffle his cabinet at all.  This is the slow time of the year as Trevor Taylor laughingly put it or, to be more accurate,  everything is on hold anyway while the party sorts out its leadership mess.

Therefore, Tom can rely on his table of alternate ministers,  established by order in council at the last major shuffle in May.  That’s the official list of substitutions to cover periods when the appointed minister of a department is out of town or incapacitated.

Paul Davis is gone.  Between Susan Sullivan as first alternate and Sandy Collins as second, the job of health minister will get done.   And if Susan goes, Sandy can get the job as stand in.

Over in municipal affairs, Fairity O’Brien will fill in.

And if Susan Sullivan jumps into the race – as she should given Paul Davis’ weak, amateurish  launch on Wednesday - there’s someone to replace her, using the same table.

Pas de sweat.

If Tom needs to have someone fill in on a temporary basis other than the alternates table,  he can do that using powers in the Executive Council Act and something called the Crown or Royal Prerogative.  It takes a cabinet order but surely the crowd running the place can manage to do that, as they did in 2013,  all without the show of a cabinet shuffle.  It’s really just paper work after all.

-srbp-

The House comes back… what’s on the menu? #nlpoli

Nice to be wrong update:  The Liberals started Question Period on Monday hammering the Conservatives over the Humber Valley Paving controversy.

This is a big story with huge implications.

Original post follows

________________________________

 

As far as when Frank Coleman might find the time to get around to taking over the Premier’s job, not much as it seems. 

It’s till vague, undefined, and potentially will happen quite some time from now.

He appeared on VOCM Open Line on Friday and still talked about wanting to take the job some unspecified time after July 5th.  As for when he will get a seat in the House, Coleman is still talking – hypothetically – about some unspecified time in “the fall.”

Some people might think the cabinet shuffle changed a lot.  The Telegram editorial board is hung up on the cost.

Meh.

Cabinet Shuffle Bored #nlpoli

The provincial Conservative Party is in the midst of such an intense revival of interest only about a dozen people turned out on Wednesday night for the annual general meeting of the district association in Mount Pearl South.

They were there to elect delegates to the party convention in July.  Even though there’s no leadership contest, you’d expect that a party on the rebound might manage to attract more than 12 or so to a delegate selection meeting.

A few weeks ago all of 126 people turned out in Charlene Johnson’s district and that was when they actually still had a leadership race.  That’s 10 times the number that showed up in Mount Pearl.  It is still a far cry from what the Liberals – in about the same spot in 2001 as the Conservatives these days - managed to turn out in their leadership contest at the time.  It’s also a far cry from what Conservatives turned out in their past either.

Renewal and revival just aren’t what they used to be or what they seem or something.

The (un)booming economy and population growth

“Bullshit,” wrote philosopher Harry Frankfurt a few years ago, “is unavoidable whenever circumstances require someone to talk without knowing what he is talking about.”

Enter Danny Williams, Doc O’Keefe, and Tom Hann.

The  T’ree Amigos dismissed the Conference Board of Canada’s recent population projection for the province with the simple argument that the booming economy  in the province - due largely to oil - would attract people here in droves.

That’s a really interesting idea because we can actually look at the evidence available to see if that might be true.  The province has been doing very well economically for the past decade.  Arguably, the province was even doing fairly well for the decade before that, compared to the 1970s and 1980s what with oil development that started in the early 1990s.

So what happened?

Competition #nlpoli

When they got up on Wednesday morning, everyone in the province who was paying attention knew that Bill Barry was going to launch his bid for the provincial Conservative Party leadership later that afternoon in Corner Brook.

Barry made his plans clear the week before.  He’s the only one definitely in the race so far.  On Tuesday night,  Barry posted an invitation on facebook for people to come out and join him if they were alienated from provincial politics and fed up with the way things were going.

Any news hunter scanning the radio dial on Wednesday heard about the Barry newser, but just before 8:00 AM,  VOCM news director Fred Hutton played the tape of an interviewed he’d bagged the night before with former Liberal leadership contender Cathy Bennett.  No one had heard from her since the Liberals elected Dwight Ball, but there was Bennett telling the audience of the province’s largest privately owned radio network that she was definitely running in Virginia Waters in the next election as a Liberal.

Gone was the Bennett of her campaign, at times brusque and stiff.  In her interview with Hutton, Cathy Bennett displayed displayed all the skills she’d learned from her hard months on the campaign trail.  She was articulate, confident and professional.  Bennett  affirmed her commitment to the Liberal Party and spoke confidently of the change she wanted to bring to the province as part of a future Liberal government. 

The Hobby Garden of Meh, Whatever #nlpoli

What’s so striking about the race to replace Kathy Dunderdale as leader of the provincial Conservative Party is how spectacularly unspectacular it is so far.

Maybe things will change once the Conservative Party executive meets to figure out the leadership contest rules. But so far the whole thing has been decidedly dull.

The Jim Bennett Effect #nlpoli

Having tried to slide by without renewing their party,  the provincial Conservatives are now talking up the joys of change.

They’ve talked about everything else. 

Change is the only thing they haven’t talked about.

So now it’s their new talking point.

Problem is that they don’t seem to be doing much to … well… change.

Forget the rinse. Just repeat. #nlpoli

The same people saying and doing the same things as they have always done won’t change anything

A provincial Conservative started out the week explaining why he cut a deal with a couple of provincial Liberals so he could get re-elected.

As part of his speech on Monday, Paul Lane said:

While there are indeed many people doing quite well in this economy…there are still many people who are  not experiencing the positive impacts of our economy. As a matter of fact for many people, this economy is causing many people to fall further behind…

Those people include seniors, people with disabilities, people on fixed and low incomes, and in many cases, children. Government must focus on matters important to these people and the  “everyday person”, said Lane.

Another provincial Conservative changed his political life last week.  On Friday, Tom Marshall became the 11th Premier of Newfoundland and Labrador.  After talking the oath of office, Marshall said:

So it is therefore very important to me that all Newfoundlanders and Labradorians shall share fully and fairly in the benefits of our newfound prosperity, and have a voice in the way it is distributed.

So let us ensure that the fight against poverty and inequality intensifies in our province and we never forget the needs of those who are aged, who have disabilities, who are infirmed [sic], and who live on fixed and low incomes.

The words may be slightly different but there is no make that they both said the same thing:  government must now turn its attention to something new. 

There’s also no accident that the two said pretty much the same thing.  Tom didn’t figure out what to say after hearing Paul.  Far from it.  Much of what Paul said  - like when he spoke about “our” government - sounded like a speech he had planned for a Conservative audience.

What they were both reciting is the last script the Conservatives are turning to in their effort to find the magic message that they think will make the polls bounce upward again.

There was a lot of that  - reciting talking points - among provincial Conservatives last week.

Truth and Fiction #nlpoli

If you take Jerome Kennedy at his word on Wednesday, here’s what is going on.

Since he wasn’t planning to run in 2015, he decided that he would leave politics on Thursday, go back to practicing law in November and then start a master’s degree in law in January.

Nothing going on.  No other story.  Nothing pressing.

Just good bye.

Now watch the video of the scrum.

Look at his body language.

And then realise how utterly preposterous Wednesday’s news conference really was.\

Jerome leaves at last #nlpoli

For anyone even halfway clued in to local politics, the rumours have been thick for months that Jerome Kennedy was about to bail from provincial politics.

Now it seems the time has come.  The latest media reports have him going as early as today (Wednesday) while the versions reported Monday had the departure coming next week.

There are three things about Kennedy’s resignation that stand out.