03 July 2007

Plus ca change: 1987 version

First there was 30 years ago.

How about 20 years ago?

Province seeks focus for action
Financial Post
Jun 1, 1987
p. 16

Regional development programs here, as elsewhere, suffer from lack of focus.

Provincial officials complain they can't plan development properly because there is little co-ordination in Ottawa of the many federal aid programs (although there is a local federal co- ordinator). In fact, each program has to be dealt with separately.

It is possible this problem will disappear with creation of the Atlantic Canada Opportunities Agency, which is expected to be announced by Prime Minister Brian Mulroney this week. This agency will likely bring most federal-originating regional development programs in the Atlantic provinces under one authority, perhaps a cabinet minister. That should clear up some confusion.

The provincial government itself is not innocent of confusion. Its departments sometimes work at odds with one another, following different ideologies (some favor co-operatives, some don't) and different game plans. The province has never provided an overall development plan to Ottawa, with the possible exception of "managing our resources," which ended in 1985.

Disdainful treatment

In Newfoundland's case, however, there are mitigating circumstances. The province has a unique culture and a distinctive economic history, but it is not master in its own house.

Its people complain the province is treated with disdain by the federal system and by some provinces. The reasons, they say, are: the smallness of Newfoundland's population (580,000), its dependence on Ottawa (49% of revenues come from this source), and its relative lack of power in the House of Commons (seven seats out of 282).

In addition, the province has little or no control over three major resources:

- Fisheries, which accounted for 44% of the average annual employment in the goods producing sector in 1986, are a federal responsibility.

Recently, Ottawa conceded to France various fishing rights off Newfoundland and Labrador, at the expense of Newfoundland fishermen. The idea was to bring France to the table over fishing rights in the disputed St. Pierre and Miquelon waters.

Newfoundland, which had attended Canada-France negotiations for eight years, was excluded from the key meeting in which the concessions were given.

- Offshore oil is governed jointly by Canada and Newfoundland under the 1985 Atlantic Accord. But when federal Energy Minister Marcel Masse came to St. John's recently to announce PetroCanada's intention to drill its Terra Nova field, he did not feel it was necessary to inform Newfoundland in advance.

- Hydroelectric generation in Labrador is held up indefinitely because Quebec will not allow Newfoundland to send power through Quebec's grid to U.S. markets. As a result, a Lower Churchill River generating facility is not feasible.

Newfoundlanders ask why gasoline can be transported interprovincially in road tankers, and natural gas can travel the TransCanada PipeLine, but electricity can't move interprovincially without the provinces' consent.

In the past 13 years, Newfoundland has been forced to spend $800 million on thermal plants and small, expensive hydro generators. As a result, the price of its electricity is the second highest in Canada (after Prince Edward Island). The high cost of power is one deterrent to badly needed economic growth.

Newfoundland has been the helpless victim of outside economic forces for generations. The growth of technology, for example, has lured Newfoundlanders into wanting higher incomes in order to buy glamorous cars and televisions. At the same time, it has robbed them of jobs.

Newfoundland fishermen no longer make their own nets and hardware, but import plastic ones manufactured "from away." Mechanical tree harvesters, built on the mainland with non- Newfoundland labor, have replaced teams of men with axes.

The statistics tell a grim tale. In 1987, Newfoundland is in much the same condition relative to Canada as it was when it joined Confederation in 1949.

In the past 20 years, the gap in personal income per capita between Newfoundland and Ontario hasn't changed much (see chart). Official unemployment statistics are bad enough (see chart) but if discouraged workers are included, the jobless rate is about 33%.

Low incomes and high unemployment generate lower tax revenue for the provincial government. Newfoundland tries to compensate through its retail sales tax, at 12% the highest in Canada. That tax generates $436 million, 37% of provincial revenues. (In comparison, Ontario's 7% tax produces $5.4 billion, 19% of provincial revenues.)

Newfoundland's tax base is so poor, its revenues have to be matched almost dollar for dollar by Ottawa, which in 1986-87 is expected to provide $1.1 billion.

However, Newfoundlanders feel such huge payments are not less than their due; they see them as returning the federal taxes paid on the large quantities of mainland goods sold in the province.

-srbp-

The Persuasion Business: Actions speak louder than words

If public relations is fundamentally about relationships, there are two words that are crucial to any relationship: reputation and credibility.

The two are linked, but let's take a look at reputation.

Reputation is an attitude held by an individual about another individual or an organization. An attitudes is set of beliefs, a sets of feelings. It will have positive and negative qualities: good versus bad, for example.

Attitudes are important because at some point they will drive or influence behaviour.

Behaviour is important because, at some point, the behaviour contained in our definitions of public relations is support.

If that sounds like your last undergraduate course in psychology or in political science, then don't be surprised. We are talking about human interactions - relationships between and among human groups.

While we all can have and likely have had short-term relationships, for most of us relationships tend to last over a long time. Some are constantly important, like say a relationship within a family. Others are intermittent, becoming important at some points in life while being in the background during other times. Inherently though, relationships tend to last in one form or another over a long time.

Relationships - like attitudes - are therefore likely to be dynamic. That is, they are likely to change over time based on any of a number of factors.

In another post, we'll discuss attitudes and behaviour in greater depth, but at this point let's stick with the catch-all term reputation and the connection to behaviour.

Attitudes are linked to behaviour in competitive situations, like the choice between one bottle of soft drink or another. Most of us are so familiar with these ideas that they seem obvious. But what about in a monopoly, like health care?

In the example used in the first post, we discussed at some length a current problem facing a health authority involving problems with important medical testing and public disclosure of information. In Newfoundland and Labrador, the health authority is a monopoly or part of a larger monopoly. If someone gets sick in eastern Newfoundland, and, like most of us, lacks the money to jet off to some other part of North America for care, it's not exactly like he or she can go to another health care provider to show displeasure in the way the testing issue was handled.

Absolutely correct.

But...

This is a democracy and health care is provided from public funds controlled by politicians who periodically have to go to the polls. Those politicians need votes and those votes are held by people who will need health care at some point. If you doubt the connection, consider the 1997 federal election results in Newfoundland and Labrador. As much as anything else they were driven by public concerns over access to health care.

Now health care is entirely a provincial responsibility in Canada, but that didn't stop voters from making health care a major issue. The election results, translated into provincial votes by the nervous political operatives sent a disconcerting message to the provincial government. A provincial health minister was replaced. New funding turned up. Government organized a forum to discuss the issue and propose solutions. It was all very public and very obvious.

The problem didn't go away, although there was a decline in the very vocal criticisms of the health care system. Flip ahead to January 1999. Brian Tobin went to the polls looking for a second majority and his campaign launched on the heady promise of economic prosperity from offshore oil and the Lower Churchill. Everyone else was talking health care. Major shift in campaign communications including the hasty production of new television commercials highlighting social programs, especially health care.

Fast forward to 2007, another election year. Questions about breast cancer screening led to the appointment of a public inquiry headed by no less an authority than the most senior justice of the Court of Appeal (in terms of years on the bench) , the highest court in the province. In an unrelated matter that cropped up at the same time, health officials were given a mere two weeks to re-evaluate almost 6,000 radiology reports when concerns were raised about the competence of a radiologist at a rural hospital.

To forestall unwelcome voter behaviour - i.e. voting for the Other Guys - the governing party took swift action.

Action.

Implicitly, the politicians involved knew that attitudes wouldn't be adjusted merely by words. It wasn't good enough to say that things were fixed. Well, they tried that initially, along with some actions that likely dealt with the entire matter as far as the health care authority was concerned.

The problem was that the important attitudes aren't those of the senior managers of the authority. They like themselves anyway. Ask any of them how they do their jobs and they will tell you what a marvellous job they do, working long hours for little pay.

The problem lay in the simple fact that the attitudes that were important were patient attitudes. Those attitudes shifted, as we noted before, once it appeared that the health authorities had held back important information. More action - very obvious action - was needed.

Actions speak louder than mere words, especially when it comes to influencing behaviour.

Next time we'll look at credibility and what happens in the gap between what you say and what you do.

- srbp -

Lower Churchill by undersea cable: the 1978 view

This piece might be from the Globe and Mail 30 years ago, but it highlights so much about the megaprojects for Gull Island and Muskrat Falls in Labrador.

First of all, the story by Ralph Surette starts out noting that Gull island is a potential source of power. It still is. Potential. Not imminent. Potential. The project won't change status until building starts and building won't start until the financing is secured and the financing won't be secured with power purchase agreements.

Second of all, note the comments from then-chairman and chief executive Vic Young on the undersea route. Technically feasible? No question. The problem is capital and maintenance costs that would make the power "cost about twice what it would if brought down overland."

It's always interesting to go back into the files and discover how much things haven't changed. Oh yeah. That's another thing. Three decades ago, the Premier of the day and the minister of mines and energy, along with the Hydro executives would have spoken in glowing terms about the development they expected to take place very shortly.

Experience is what makes each of us cautiously optimistic about life and its promises. Optimistic, for sure, but tempered by what has occurred.
Buchanan has a lot to learn before selling hydro power
Ralph Surette
Globe and Mail
Nov 25, 1978
P.8

Halifax NS -- BY RALPH SURETTE HALIFAX Gull Island is nothing more than a potential hydroelectric power site on the lower Churchill River in faraway Labrador. But Nova Scotia Premier John Buchanan sees it as tantalizingly close and the answer to the province's long-term electricity problems.

Mr. Buchanan had big things in mind for Gull Island when he delivered one of his first major policy speeches a few weeks ago in the United States, as many Canadian politicians have a habit of doing. He told his audience in Portland, Me., that the Atlantic region had a potential power surplus it could sell to New England. He mentioned coal-powered electricity in Nova Scotia, nuclear power in New Brunswick, Fundy tidal power and Gull Island.

NOVA SCOTIA

In order to supply both Nova Scotia's long-term needs and be sold in surplus to the United States, Mr. Buchanan saw this Labrador power coming down via submarine cable from Newfoundland to Cape Breton.

But he made the slight oversight of not consulting Newfoundland. He was gently but quickly reminded by Newfoundland energy officials of the difficulties involved in moving Gull Island power anywhere, let alone to Nova Scotia.

For one thing, according to Vic Young, president of Newfoundland and Labrador Hydro, the 77-mile cable across the Cabot Strait is an extremely poor prospect. Although a study two years ago stated it was technically possible, its capital and maintenance costs would be enormous. The electricity delivered would cost about twice what it would if brought down overland.

But the overland route through Quebec has its own set of problems. Newfoundland wants to negotiate a right of way through Quebec. Quebec insists on maintaining the present system in which Quebec would simply buy power at the Newfoundland border and resell it at its other borders at a profit.

The two provinces have been negotiating for a year on the matter. Negotiations are presumably not helped by the fight between the two provinces over electricity from the upper Churchill River. Newfoundland has taken Quebec to court for the right to recall some Churchill Falls power for its own needs. The whole block now is sold to Quebec under fixed contract.

Further, Mr. Young does not see Gull Island, with its 1,800 megawatts of potential power, serving anyone's long-term needs except those of Newfoundland. The power, he says, would be exported only until such time as Newfoundland needs it.

Mr. Buchanan first expected the yet-to-be-created Maritimes Energy Corporation (MEC) could be expanded to include Newfoundland and that this corporation could take a leading role in developing Gull Island.

However, after a round of talks with the federal Government, the premier has settled for the idea that the MEC should purchase Labrador power and nothing more. Meanwhile, Newfoundland and the federal Government are expected to announce formation of a new corporation within the next few weeks to begin the task of developing the Gull Island site.

The problems with delivery have not been ironed out. If Gull Island electricity ever reaches Nova Scotia, chances are it will be neither cheap nor the answer to Nova Scotia's energy problems. But it has to get here first, and Mr. Buchanan may have long since come and gone as premier by then.
-srbp-

It's the bit they don't say that kills you

There's yet another piece on Newfoundland and Labrador in the Globe. Today's topic is the Lower Churchill project, which may become part of the Summer of Love election campaign just as it was in 1998 under Brian Tobin.

But here's a comment from PetroNewf chief executive Ed Martin that leaps out for the unstated bit:
"But with respect to the maritime route, it is a viable alternative [to shipping power overland through Quebec]. It's a hands-down viable alternative from a technical perspective."
Technically, engineers can put the proverbial arse back in the proverbial cat.

Technically, engineers can run a single strand thinner than human hair around the globe at the equator and tie a knot in it with tweezers, via remote control from the moon, while blind folded and being distracted by the voice of Lucy Liu's efficiency expert in the original Charlie's Angels (it's a nerd thing).

But is it viable financially?

That's where the answer typically comes up with a simple and emphatic "No!"

200 megawatts shipped all the way from Labrador to Rhode Island? Ya gotta be kidding.

The cost of the land lines down through New Brunswick, Maine and into Massachusetts alone would make the thing dodgy. Add in the underwater cabling to both the island of this province and to the mainland and you have a pretty costly venture.

All of that will be borne, supposedly, by a block of power that is actually less than the power block used annually by two industrial projects in western Labrador.

Now for his part the Premier calls this Rhode Island thing "very,very" crucial and "very, very" something else. When politicians use words like "very" and then use them repeatedly in relation to the same thing (always positive), you can usually be concerned that there is more than a little exaggeration on the go.

It's a verbal nose pull.

And so is Ed Martin's emphasis on the technical feasible of the sub-sea route.

The real question is whether it will be financially viable.

And that's not a poser for engineers.

-srbp-

Cooke passes Fortune; FFAW implicated

From CBC News:
A New Brunswick aquaculture company has decided not to process farmed salmon in a southern Newfoundland community this fall, dashing the hopes of workers whose plant has been idle for almost three years.

Cooke Aquaculture cited a number of reasons — including uncertainty over the future role of the Fish, Food and Allied Workers union in the workplace — for deciding to process salmon outside of Fortune.
-srbp-

02 July 2007

Proud to be Canadian

Yeah I am.

There are a bunch of reasons, none of which are really relevant because this is about other people who make me proud to be a Newfoundlander and proud to be a Canada. I don't see any contradiction in that because my definition of who I am as a person and who my people are is big enough to incorporate diversity. It isn't diverse enough though to include the sort of attitudes discussed in this piece at Offal News since fundamentally, I never felt so grossly insecure and afraid that I had to accept opinions and ideas only from pur laine Newfoundlanders.

Anyway, this post by Craig Welsh, led to a post by his buddy Dups who, six years ago became a Canadian citizen. Check the link to a piece for CBC Craig did about Dups.

On some level it reminds of me of a buddy of mine from years ago at university. He and his family came to Canada from Vietnam in the late 1970s. His family had earlier - 1954 to be exact - left their home in Hanoi to live in Saigon. April 1975 and they were looking to shift again, and decidedly not by choice.

Both his parents were well educated but they couldn't immediately find jobs in Canada of the type that should have had and like they'd had a home. Still, they persevered, put the children through university and, like my buddy, they are all now doing extremely well for themselves in different parts of the world.

Other buddies of mine from those days, with far less dramatic stories are doing very well for themselves both here in Newfoundland and Labrador or wherever they are. They don't whine about wanting to come home or look for simplistic excuses for things. Frankly they don't whine period, although, like any other normal human beings they do have their share of rants and complaints about banks and schools and taxes.

On this holiday Monday, the day after Canada Day, and thinking about people like Dups or Quoc Pham, stuff like this just seems more intensely like a pile of crap than it did on first reading.

And stuff like this commentary by Michael Temelini seems to epitomize the word "superficial." The problem with superficial commentaries - like Temelini's - is that they mistake a relatively small number of chronic moaners for a broadly based movement. The problem with superficial commentaries is that they consistently display a stupefying ignorance both of Canadian history and of the history of Newfoundland and Labrador Temelini presumes to describe.

Plenty of mainlanders and other come-from-aways have tackled local history with vigor and insight. Temelini isn't one of them and if he keeps going on the road he is going, superficial will be the politest word for what he does.

The problem with superficial commentaries - like Temelini's and that of mainlanders who take a sip at the Ship and then know-it-all - is that they derive their views from a ridiculously small and ridiculously biased sample.

And people like the famous Townie bastard? Or Dups? Or Dean? Or Ray or Quoc?

Superficial isn't a word you'd ever use to describe either of them.

-srbp-

Last month in history

Yeah.

It was that long ago.

June 1987 and Clyde Wells took on the then-thankless task of leading the provincial Liberal Party.

And this snapshot from history is brought to you by Offal News, complete with a photograph of a bunch of people on the steps of Confederation Building. You may recognize some of them.

-srbp-

Stimulus - response

This editorial from the Telegram on June 28 turns up in the Toronto Star on July 2.

Premier Danny Williams likes to throw out these one liners that are essentially meaningless like musing about taking away parliamentary immunity.

In this case it's quipping about Newfoundland and Labrador joining the United States. It's not something he has thought through.

But here's the thing, much like Brian Tobin, Williams knows how to play the mainland media - and some local media - like they were dogs and he was a freakin' one-man Pavlovian handbell choir.

He's a master at it.

And the dog's keep drooling.

And while they are drooling, they can't look at other issues they should be looking at.

Funny thing is, it's not like the media in Newfoundland and Labrador haven't heard a recent Premier tinkle a bell for them on a regular basis so much so that you think they'd be wise to ploy.

The mainlanders can be excused for indulging the theatrics for threatrics' sake.

The local guys?

A bit of a puzzler actually since they actually manage to figure out - sadly after the fact - that they've been tinkled.


-srbp-

01 July 2007

The Persuasion Business: What the heck is public relations?

In 1999, I headed up the public affairs section of the Department of National Defence task force in Newfoundland and Labrador that would co-ordinate any military assistance to the provincial government in the event of problems caused by the supposed Y2K flaw in some computer programs.

We planned and trained nationally, regionally and finally at the provincial level. The provincial exercise took place on a weekend in the fall of 1999. All key staff members spent the weekend running an operations centre exactly as we would if needed.

The daily routine began with the commander's daily briefing, usually at seven o'clock in the morning. All department heads gave a summary of the previous day's activities, forecast what was coming and highlighted any issues that might need the commander's personal attention.

After each such briefing, known informally as morning prayers, the department heads usually grabbed a quick breakfast before beginning their shift. That first morning, a couple of my colleagues separately took me to one side to ask a simple question: "Is that what you do?"

"Yes", I replied, at first not quite sure what was coming next. I had given the commander an overview of attitudes in the key audiences we would be dealing with: the federal and provincial governments, views of key politicians at both levels of government, the news media and specific reporters, the public in affected areas, and internally among soldiers. Only after ensuring The Boss was thoroughly familiar with the situation did I give him what literally amounted to a 30 second discussion of my section's planned activities.

He didn't need more. In all the years I had worked for this individual, he had only wanted to focus on issues that might require his attention; he trusted the staff he had picked to run the show. The Boss wanted the lay of the land and any key ideas he'd need to put across. He wanted to have a good feel for specific people he would be dealing with. Everything else was ours to handle as department heads in co-operation with each other and with decision makers inside and outside our organization.

My whole briefing had taken only about 10 minutes.

As I looked at my colleagues, I slowly started to understand their question and their expressions of discovery. One of them, a professional with considerable experience throughout the Canadian Forces and the department including tours overseas on major operations, said he had never seen a briefing like it before from a public affairs officer.

He was used to public affairs (public relations) being all about dealing with news media. There were a certain number of media calls. We handled this many interviews. There is a news conference at such and such a time. The other stuff - the analysis - was a revelation to him.

His revelation was less a revelation to me as a reminder.

Most people don't understand what public relations is all about.

They think it is just about dealing with news media. They think of it as publicity. They think it is part of marketing.

It is all of that, on some level, but it is really so much more.

Public relations is the management function that plans, co-ordinates and executes communications efforts with people who are interested in what an organization is doing, in order to gain and maintain their support for the organization.

That's a definition I work with but there are others.

The Canadian Public Relations Society defines public relations as "the management function which evaluates public attitudes, identifies the policies and procedures of an individual or organization with the public interest, and plans and executes a program of action to earn public understanding and acceptance."

A lengthier definition holds that public relations "is the distinctive management function which:

  • helps establish and maintain mutual lines of communication understanding, acceptance and co-operation between an organization and its publics;
  • involves the management of problems and issues;
  • defines and emphasizes the responsibility of management to serve the public interest;
  • helps management to keep abreast of and to serve the public interest effectively, serving as an early warning system to help anticipate trends; and,
  • uses research and sound, ethical communications as its practical tools."


Take either definition and you have a good idea of what a public relations professional does.

One of the most important common features of each of those definition is the word "management".

With only a small amount of preparation, anybody can handle media telephone inquiries. In many organizations, including public relations departments in any company or government office, the business of talking a telephone call, arranging an interview, sending out information or even issuing a news release or holding a press conference can be handled by the literally thousands of competent administrative people. Heck, software programs these days come with template "press" releases and there's even a for dummies book on public relations.

The real challenging in public relations is managing. It is about planning, co-ordinating, leading, organizing and budgeting. It is about deciding and making the right decision inevitably takes training coupled with experience and judgement. Not everyone can do that.

One could say that a public relations practitioner helps decide who says what to whom, where, when, why and how.

If you take a closer look at those definitions a few simple ideas leap out.

First, communication is a two-way street. It involves sending a message and receiving one. The sending bit is perhaps the easiest of all. Most people figure that part out just by the action involved in sending out a news release.

But receiving? There is always feedback from people interested in what an organization is doing. Sometimes that feedback is a clue to something elsewhere in the organization that needs fixing. Sometimes that feedback isn't what the senior managers don't want to hear, but it is very important that they do. That's where public relations comes in.

Second - and related to that feedback thing - public relations often involves change in some way. Sometimes an organization has to communicate about change, like closing a business. Sometimes, the change comes as feedback from disgruntled employees or voters.

Third, public relations connects an organization with the public interest. That isn't just the interest of the public as a politician or public servant might look at it. Sometimes it is public interest in the sense of the greater good, but public interest may mean the benefit of a particular group.

Think about a health care administration. Its core business is providing health care needed by the people within its geographical area. Their interest - as a public - is getting the care they need when they need it. Seems obvious, right? Well, what happens when that care isn't what they want or need or, in some instances, what can actually be delivered within the budget provided by a public system?

Interests may clash, but the effective management of communication is supposed to help resolve those sorts of conflicts. Public relations involves establishing and maintaining "mutual lines of communication, understanding, acceptance and co-operation." That health administration needs to give people realistic information about its programs. its needs to know if its services are being received and when there might be a budget issue, people may need to understand why some programs are expanding while others, like say their local clinic, is having its hours cut or is being closed.

In a more concrete example, look at the recent controversy involving one health authority and breast cancer screening. Aside from the problem with faulty testing - bad enough as it is - cancer patients and their families were likely most concerned to know how big the problem was. Did it involve me or my wife or mother? The next most important thing to know was what was being done about it. How is the health authority dealing with the problem and doing what it is supposed to do: deliver the best possible care?

take it from a slightly different angle and you can see this idea of public relations as well. Those patients are ultimately responsible for their own care and they can't make proper decisions if they don't have all the information. They depend on the relationship they have not just with the health professionals but with the entire organization to help them deal with their illness. Holding back vital information erodes the relationship between the care givers and the people needing care.

On a wider level, though, what seemed like a small decision to deal with a handful of patients, ultimately affected a bunch of others. People who would never even think about breast cancer screening personally had to wonder what other tests for other diseases might be buggered up. Then comes the real acid for the relationship: what else haven't they been told.

Once the story hit news media, the problem became not just in the relationship between the health authority and its patients (and their lawyers), it became a gigantic problem in the relationship between those patients, as voters, and the politicians who run the whole government. Patients discovered that three successive health ministers had been briefed on the whole thing - including withholding some information the non-disclosure apparently - and did...nothing.

In the whole business of dealing with the damage, another entirely separate issue was dragged in. At a news conference to announce an inquiry into the entire breast cancer business, someone decided to do two things. First he or she decided to delay the news conference. Reporters coming together at lunch hour for one announcement were left cooling their heels for no obvious reason.

Second, that same person decided to stick the head of the local health authority in front of a microphone to announce that a radiologist had been suspended because of possible problems with his diagnostic ability. Remember the bit about other tests? Initial reports noted that radiology involves mammograms. As anyone over the age of 18 likely knows, are tests to screen for, you guessed it, breast cancer. Imagine the reaction.

Even though this radiologist had not performed mammograms - information correctly reported in subsequent days - the decision to announce this separate issue in the way it was announced linked one crisis directly to another issue and thereby magnified the whole thing to another level.

Mighty oaks from tiny acorns grow, indeed. Sometimes they fall on your head. Sometimes people wind up standing under a gigantic tree as it crashes from cuts they made to it.

Lots of information was handed out in this case, both initially and subsequently, but some crucial information - crucial as the patients saw it - was held back. The decision to hold that information back was taken by the senior-most levels of health care management and may have been done for what they took to be good corporate reasons. The communications people may well have advised a wider disclosure but as subsequent reports said, the information was held back based on legal advice.

Now in due course, we'll talk about the lawyer-public relations challenge, but think about that whole issue from a pure public relations perspective and you'll see the importance of effective public relations management. If you want people to support you, they have to know what you are doing. If you don't tell them, they can't know and, almost inevitably, they won't be overly supportive of what you are trying to do.

Get caught holding back or being thought of as holding back and support crumbles. Confidence erodes and, as the case turned out, the bosses of the bosses who held decided to hold back the information get more than a little annoyed or - when they join in the bad decisions - get caught up in a maelstrom of public concern.

No one likes unhappy people - disgruntled publics - especially politicians. As the case of breast cancer screening shows, badly handled public relations decisions - not necessarily made with the advice of public relations practitioners, by the way - can make a bad situation much worse. in fact, take a look at what happened compared to say the CPRS definition of public relations. How many of those key ideas got trashed?

When you get right down to it, public relations is essentially about relationships. So, against that background, next time we'll look at some simple ideas that underpin effective relationships, I mean, effective public relations:

Reputation and credibility.

- srbp -

30 June 2007

The Persuasion Business

At the mid-point in the year, your humble e-scribbler has started a new blog dedicated solely to public relations.

They say you should write about what you know.

This is what I know.

I've been doing it professionally for the past 18 years.

The title - The Persuasion Business - is a tip of the hat to an old friend, a former barrister who once joked that we were both in the persuasion business.

He persuaded judges and juries of 12 and operated in a more or less orderly little world. My court was a little more unruly and involved many more people.

The first post is actually a revised version of one originally posted at Bond Papers in August 2005. It was supposed to be the first of a news series but the series never happened.

Now is the time to start not just a series but a whole new space devoted to public relations. I added some new observations using a recent, local case but essentially the core point of the piece remains the same. It's a good start to appreciating public relations and if Persuasion Business can help people get a better understanding of the profession then it will have accomplished its purpose.

If you like Bond Papers, you should find Persuasion Business equally provocative, although in not the same way. Many of the themes and ideas will likely be familiar: one of the underpinnings of Bond has been a look at local public issues from a public relations perspective. If they weren't readily apparent at Bond, then with any luck and a certain measure of skill, they will be at PB.

-srbp-

29 June 2007

Why not inspect Andy, Doc, Keith and Ron while they're at it?

Municipal affairs minister Jack Byrne announced today that an inspector will be sent into the town of Portugal Cove-St. Philip's "to assess the conduct of the councilors and senior officers to determine if the business of the town is being negatively impacted by the conduct of any or all individuals...".

According to Byrne, "this is a necessary step to restore confidence and order in the municipality of Portugal Cove–St. Philip’s."

So why the heck hasn't Byrne sent an entire squad of inspectors to St. John's city council to sort out what must surely be one of the most dysfunctional crowd of municipal politicians outside of Michael J. Fox's old sitcom?

-srbp-

SOL Day 4: Dueling Tax cuts

One day after the Liberals announced their election tax cut, and,

one day after the Progressive Conservatives deployed their Pitcher Plants to every VOCM call-in show around to criticise the foolishness of tax cuts,

the party currently running the province - guess which one it is - issued this news release praising tax cuts contained in their election budget.

Apparently, the plants saw no problem with their team's tax cuts, while other peoples' tax cuts were irresponsible.

Logic apparently wasn't in the e-mails they received from Plant Central.

-srbp-

SOL Day 4: Airport!

Nain will get an airport apparently.

Details are sketchy but CBC is reporting that transportation minister John Hickey told an audience in Goose Bay on Wednesday that the provincial government would be building a new airport in Nain.

To play such a big card so early on suggests either that the two Liberal seats in Labrador are a major target for the Progressive Conservatives or John Hickey is feeling a bit uneasy in his own backyard.

-srbp-

28 June 2007

SOL, Day 3: the Liberals join in

Liberal leader Gerry Reid announced today that a Liberal government will cut taxes by $100 million.

The cuts would include a drop in gasoline tax from the current 16.5% to 12%, an elimination of the 15% tax on insurance and a cut in motor vehicle registration from $180 to $140 annually.

-srbp-

NL Premiers tend to resign in January

From youtube, this clip posted by someone with an interesting collection of political television clips.

Listen closely to Frank Moores' comments on how times were supposed to have changed by the time he left office. Then compare them to those of Brian Peckford, who succeeded Moores.




To answer the question from the end of the clip, Clyde Wells resigned in December 1995 and he was replaced by Brian Tobin on January 26, 1996.

Tobin pulled pin in October, if memory serves.

Will Danny go in January or October?

- srbp-

27 June 2007

Exxon,Conoco quit Venezuela

ExxonMobil and ConocoPhilips wrote off multi-billion dollar investments in Venezuela today, rather than accept increasingly tough operating terms laid down by Venezuelan President Hugo Chavez.

BBC is reporting Conoco's loss at US$4.5 billion.

Chevron, BP, Total SA and Statoil will continue to work in Venezuela. BBC is reporting that Statoil will be reducing its stake to 15% in a country where, As Associated Press reports, the companies will also face flat rate taxes of 50% and royalties of 33.3% on its minor equity position.

Petro-Canada had previously announced it was abandoning its projects in the South American country.
Under Chavez, Venezuela first raised royalty and tax rates, then later assumed majority control of all oil projects as part of a larger nationalization drive of "strategic" economic sectors. Chavez says those policies are ensuring that oil benefits Venezuelans instead of foreign corporations and governments.

Rising energy prices and Venezuela's huge oil deposits have strengthened his hand: The country's reserves are the largest in the Western Hemisphere and may eventually prove bigger than Saudi Arabia's if it continues certifying heavy oil deposits in the Orinoco River region.
For a commentary on developments in Venezuela, the Financial Times offers some insights.

-srbp-

Summer of Love, 2007: Day 2 Lower Churchill long shot

The State of Rhode Island and Newfoundland and Labrador Hydro will conduct an "analysis and assessment of a potential power purchase of up to 200 megawatts of electricity [by Rhode Island] by the year 2015".
The MOU institutes a two-phase process to explore a possible arrangement for the sale and purchase of power. The first part of the process is a six-month mutual assessment of the merits of long-term sale and purchase agreement, as well as the development of an action plan to address any technical, regulatory and statutory requirements of the transaction. Upon completion of Phase I, the parties may enter Phase 2 negotiations for a binding agreement on the sale and purchase of power.
Key to developing the Lower Churchill successfully would be long-term power purchase agreements that would insure creditors can recover investments in the project, which has been estimated to cost upwards of CDN $9.0 billion to complete.

Even if Rhode Island enters into a power purchase agreement the total involved is only 7% of the project's total estimated generating capacity. Rhode Island is also one of the farthest potential markets for Lower Churchill power.

No other power purchases or potential power purchases have been announced to date.

-srbp-

nottawa has a humorous take on the whole thing.

26 June 2007

The real family jewels

It seems like centuries ago now, but in a previous life your humble e-scribbler spent a considerable period of time researching Soviet military and defence policy.

That's what happens when you have an interest in military affairs and you are in university in the early 1980s.

In 1985, yours truly finished an honours essay written for an undergraduate degree. The paper dealt with Soviet military doctrine as it existed in the early 1980s. The main idea: Soviet military doctrine focused on the importance of pre-emption as a means of ensuring victory in any major war against capitalism. Essentially, the Soviet military was aimed at winning a major war and would look to strike an overwhelming blow early in the conflict, including launching a pre-emptive attack.

The Soviet concept originated in the late 1950s and early 1960s. By the 1970s and 1980s, the Soviet military had evolved a concept based on conventional military forces that was designed to win quickly and to forestall any use of nuclear weapons by NATO forces. All very trendy at the time as that stuff might have been, the collapse of the Soviet Union in the early 1990s made the whole idea a matter of mouldering history.

Some stuff continued to be relevant. Like the concept of the operational manoeuvre group. Odd as it might seem, Memorial's Queen Elizabeth II Library subscribed to an obscure set of foreign documents translated by the US government.

Lo, in the pile of microfiche - yes, microfiche - were all the papers on OMGs originally published in Polish and in which a bunch of scholars in the United Kingdom had discovered a modern discussion of OMGs. Don't bother trying to figure out what an OMG is; let's just say it was important and there weren't too many people in Canada reading that stuff outside of National Defence. In fact, except for a couple of colleagues here in Newfoundland (since gone to greater things) there wasn't a soul here even aware they existed.

Or the reconnaissance-strike complex, which was adapted in a highly simplified and tactical form by one of the British divisions in the 1991 Gulf War.

Or the concept of the Revolution in Military Affairs. That one came back with force in the 1990s as western armies began to think about things their Soviet counterparts were discussing in the 1970s and early 1980s.

All this is in aid of a link to the latest release of documents by the Central Intelligence Agency. The collection comprises what were once highly classified assessments on a variety of political and military topics involving the Soviet Union and the People's Republic of China.

Flipping through some of the documents is interesting in light of the public discussions some 20 years after they were originally circulated at Langley and in DC. The ideas contained in some of them formed the roots of concepts your scribe was dealing with.

Those documents also had a particular context that makes them valuable for understanding what was going on at the time they were published. Take for example, Soviet thought on future war, originally published in April 1962 and its companion, Soviet strategic doctrine for the start of war that was circulated in July of that year.

Those documents would have been fresh in the mind of a great many people at the uppermost levels of the American administration facing missiles in Cuba in October 1962.

While the "family jewels" series will likely garner the most attention from news media, the rest of the documents released today contain far more useful information.

Like those microfiche years ago, they just need someone to read them to find the real jewels hidden therein.

-srbp-

Ghost of Meech

While there's no doubt you can get more flies with honey than vinegar, this roads announcement in New Brunswick brings back memories of that province's change of heart on the Meech Lake Accord 17 years ago this month.

It seems there's something about the whiff of paving tar that stirs the hearts of New Brunswick politicians.

Does it work on voters?

-srbp-

And a player to be named later

The Liberals picked up Garth Turner earlier in the year.

Then there was Wajid Khan who went the other way.

Now the Connies get Joe Comuzzi.

What's next?

Red Rover, Red Rover send Fabian over?

Hey Casey, ya wanna swing a red bat for a change?

Undoubtedly, to be followed by: "Blue Rover, Blue Rover, send [insert the appropriate name here.]"

-srbp-

The Summer of Love, 2007: Day One

In Labrador:

The provincial government announces a go-it-alone strategy for the Trans-Labrador Highway. [Turns out there was no signed agreement. As for Connie promises, well, people are starting to figure out what those are worth. Invites for this little show apparently didn't go out until late last week.]

Then, the official sod turning of the Mealy Mountain Auditorium.

Then sod-turning for a new long-term care home in Happy Valley-Goose Bay.

-srbp-

25 June 2007

The Summer of Love, Tobin style

The year: 1998.

The Premier: Brian Tobin.

The political plan: Flood the province with optimism and cash on the Lower Churchill. Drop the writ for an election in September/October after only two years in office.

The specifics:

March 9 - series of announcements on Churchill Falls negotiations, framework for talks, chief negotiator, a joint announcement with Lucien Bouchard on the talks, and the text of Tobin's remarks.

June 18 - environmental contract

June 23 - environmental contracts

June 26 - engineering contracts

June 29 - environmental contracts

June 30 - engineering contracts

July 3 - environmental contracts

July 14 - environmental contracts

July 24 - environmental contracts

July 31 - engineering contract

August 4 - engineering and environmental contracts

August 7 - seismic testing notice (extended repeatedly during August)

What spending announcements will mark the Summer of Love, Danny Williams-style, now that we are in full election mode?

-srbp-

Capex decline in NL higher than previously forecast: RBC

RBC Economics is predicting that Newfoundland and Labrador will lead the country in economic growth in 2007 but drop to the bottom of the provincial pile in 2008.

That's not really news. RBC has been saying it consistently for the past few months. Just like everyone else, including the provincial government.

The real story - as in March of this year - is that the province will be the only one in the country to experience a drop in capital investment.

On top of that the latest figures show RBC has increased their forecast capex drop for NL. it's closer to 10% now, compared to about 7.5% in March.

That's all about the absence of major construction projects in the province, like Hebron and Hibernia South. Last year's drop in capex was only about 2.5%.

Anyone wondering why the Premier is sending a positive message to potential investors after years of slagging? Take a closer look at the RBC figures. They forecast an economic situation no Premier could tolerate, especially when the means of getting out of the decline are entirely in your hands to implement.

Things can change and the tone sent by the Premier at last week's NOIA conference might just help that turn-around.

-srbp-

Why the double standard?

Deputy Premier Tom Rideout told CBC News that the House of Assembly didn't put Chief Justice Green's "Rules" in place because there were issues that needed to be sorted out.

Rideout confirmed the Bond Papers' story from Thursday, even though he initially said it was poppycock.

But...
Rideout, meanwhile, said that while the new rules are not yet law, they will be followed anyway — at least within the PC caucus.

Members were sent an advisory to live by Green's recommendations concerning donations and discretionary spending.
If the Tories can be ordered to live by The Rules within their own caucus, why weren't The Rules just put in place?

Partisan game?

Suck and blow at the same time?

Rideout's explanation doesn't make sense.

-srbp-

24 June 2007

"This wonderful legislation..."

It's interesting to go to Hansard, the official record of proceedings in the legislature, and see what five members said on the day the Green bill was hastily passed, along with a couple of a minor amendments no one explained.

Take the parliamentary father of the bill, finance minister Tom Marshall, formerly the justice minister and attorney general:

On the purposes of the bill:

Fourthly, to establish clear rules with respect to salary, clear rules with respect to allowances and resources, clear rules for members and to provide for a mandatory review of these rules at regular intervals, and the review also to take place in public.

Another purpose of the legislation is, "provide for clear and timely disclosure in relation to operations of the House of Assembly and statutory offices, including members’ salaries, pensions, allowances, resources and severance payments, that is consistent with the public interest".

On rules:

The commission, in particular, is required, in 20.(1) (e), to "make and to keep current rules respecting the proper administration of allowances for members and reimbursement and payment of their expenditures in implementation of subsection 11(2) of..." the legislation, which I will refer to shortly.

There is an interesting clause here, Mr. Speaker, in 20.(3) which says, "...the financial and management policies of the government shall apply to the House of Assembly and statutory offices except to the extent that they may be modified by directive of the commission."

That ensures that there is a set of rules in effect. If the House of Assembly Management Commission fails to make rules in a certain area, the rules of the government shall apply until modified and amended by a director from the commission.

It is also important to note, Mr. Speaker, that a change shall not be made in the level of amounts of allowances and resources provided to the members of this House except in accordance with a rule that has been made by the Management Commission, and that rule shall not be effective, Mr. Speaker - and this is extremely interesting - the rule that will govern the operation of those of us in the House of Assembly, a particular rule, will not be effective unless that rule is first brought before this House of Assembly and a resolution adopting it by this House of Assembly has, in fact, been passed.

That will make these rules certainly transparent and open to the people of the Province.

And on moving second reading:
Mr. Speaker, this legislation -

AN HON. MEMBER: Wonderful legislation.

MR. T. MARSHALL: This wonderful piece of legislation has been introduced, has been recommended by the Green report, Chief Justice Green, and I think it is important that this is a first step in the renewal, to renew public confidence in the institution of this House of Assembly and in the Members of the House of Assembly who, as I indicated earlier, the majority of which are dedicated to their Province, they are dedicated to their communities, they are dedicated to this House of Assembly and this legislation will help them to perform their duties and perform their services in a transparent and accountable manner and in the public interest to the people of this Province.

With that, Mr. Speaker, I will move second reading of this legislation.
Or take, the Opposition House Leader, Kelvin Parsons a former minister of justice and attorney general:
There is no doubt, of course, that we need to have a good foundation. We need to have good rules, and Judge Green, true to form, of course, has made it very detailed, has made it very comprehensive for that very reason. That in the future everything will be absolutely open, transparent and, most importantly I believe, accountable. There will be accountability here - it is fine to have a system, but there is no point in a system that you cannot account for it and you cannot let the people know and the public - particularly in this case, where we are all servants of the public - know what you are doing, how you are doing it, what are the rules you play by, and make sure that you do play it by the rules. That is what this will do on a go-forward basis.
He neglected to mention that the basis will go forward from October 9, not June 14.

He did, however, hint a little bit at it, if one had been paying really close attention:
There is no doubt, as well, that albeit, Bill 33 will pass and become law today, or in the near future. There is no doubt, as well, that there is still certain little tweaking, shall we say, that has to be done in terms of implementation. There are some things that must need to be done. I understand, again, there has been a good rapport with Chief Justice Green in arriving at that decision in terms of implementation, and so it should be. It is good to see. I understand he met, as recently as this morning, with some representatives of all three caucuses represented in this House and answered any questions and concerns they had and so on. So, it is good to see that rapport continues, albeit he has submitted his report, and whatever needs to be done will be done, must be done and it will be done in such a way that it is proper and that, no doubt, there will not be anything done that does not meet with the approval and consent of Chief Justice Green and his committee. It is good to see that we have reached this point.
But then Parsons made some other comments that surely would have led people to conclude - as many did - that The Rules would be in force along with the rest of the legislation:
I understand, in fact, that even the rules piece that he recommended, we will be seeing an amendment come forward here today so that even the rules that he suggested, the very detailed, specific rules as to what you can and cannot do, and how you record it and so on, that will be introduced here today as well as part of this bill, a schedule to this bill, and so it should be.

I can say to the Government House Leader right now that, on the understanding that amendment is coming forward, we will certainly be in favour of that. As far as we can see there will not be any need for detailed discussions or whatever in Committee with respect to enforcing and having those rules become a part of this bill as well.
Accountability.

Transparency.

Clarity somehow was left behind. As both NDP leader Lorraine Michael and Government House Leader Tom Rideout have said, they both understood what was going on. Too bad they never bothered to tell the rest of us.

In the House of Assembly, Lorraine Michael sensed a certain irony to the whole proceeding:
There is a bit of an irony, and I think we should acknowledge it, that one of the things Chief Justice Green mentions in his report is the fact that sometimes legislation may get passed very quickly in the House, and sometimes quick passage of legislation can lead to things happening inadvertently, decisions getting made and after the fact recognizing, oh, yeah, well maybe we weren’t on top of that when the decision was made. I have seen some of that in going through some records with regard to the House.
Elizabeth Marshall, the former auditor general spoke at considerable length about the new audit provisions of the legislations. On the rules, she said this:
Mr. Speaker, as I mentioned earlier, the new detailed rules were also prescribed by Justice Green. These are laid out in the report and these also have been tabled here today in the House of Assembly. Really, that is a starting point for the Members of the House of Assembly and for the Internal Economy Management Commission, that these are starting rules. Of course, the commission, if they follow a certain process they may change the rules, but the approval process is something that has to be very open and it has to be made public. Also, any changes in the rules, which are made by the commission, have to come forward to the House of Assembly in a public forum for ratification.
Not a word, from Ms. Marshall on the delayed implementation of the rules.

Yvonne Jones, a senior Liberal spoke to the bill and did address the issue of ethics and donations, saying this:
Mr. Speaker, let’s talk about the ethics piece for just a moment, because there are a number of things in this bill that speak to the conduct of members and the ethics of members. One of the things that the Chief Justice is recommending is that there be no more donations given out by MHAs, and despite what I wrote in my survey, Mr. Speaker, that I wanted to continue to give donations - I will admit it - I am prepared to live by the recommendations that the Chief Justice have laid out for us. I understand his rationale behind it, I understanding his reasoning behind it and I am more than willing to accept that, as I have told him personally myself.
Not a word again about why the implementation of the rules was being delayed.

Five members of the legislature, some of them long-serving members who hold or who have held senior positions in Liberal or Conservative ministries, did not once note the reasons why the rules were being delayed until October 9.

Finance minister Tom Marshall did give the implementation date, in passing,as he closed Second Reading, just as surely as his colleague Tom Rideout introduced the amendment.

But there was no explanation as to the reasons, and simply put, that's just not good enough. It isn't good enough when every other comment by every other member who spoke to the bill left the clear and unmistakeable impression that Chief Justice Green's rules were in effect along with all the other provisions of the Green bill.

There was much talk of restoring public trust and confidence in the legislature. That's just another way of saying public support.

Well, in public relations there's an old definition of what public relations is all about. PR, as it goes, is about gaining and maintaining public support.

In order to gain support, people have to know what you are doing and why. They have to know.

In order for them to know, the people with the information have to tell the people - like you and me - who don't have it.

If the members don't tell us, how can we know?

It's that simple

And obviously some people still just don't get it.

-srbp-

Restrictions, Bob? Not exactly.

Don't blame former CBC producer and now Telly columnist Bob Wakeham.

When he put his column to bed for the Sunday paper, it's a fair bet he was labouring under the same misapprehension the rest of us were about Chief Justice Derek Green's rules on constituency allowance spending by members of the House of Assembly.

He thought they were in place.

So did most of us, until we found out the reality.

A mistaken impression, aided entirely by the silence of no fewer than six members of the House of Assembly who spoke on the Green bill, allowed Wakeham to write in his column "Where will MHAs be vacationing this summer?":
The MHAs will be at a disadvantage this summer, of course, due to the restrictions Chief Justice Derek Green has placed on the cash they get to cover their asses in the districts...
Restrictions, Bob?

Not exactly.

-srbp-

23 June 2007

Backuppable Tom strikes again

labradore wades into the controversy which your humble e-scribbler has aroused over the House of Assembly's decision to implement Chief Justice Derek Green's Rules but not until after the next provincial election.

labradore systematically demolishes the logic - or is that illogic - in claims made by the provincial government's man of a thousand titles Tom Rideout, right in an immortal picture from cbc.ca/nl, and by Paul Oram, cabinet-minister-wannabe.

There are so many choice quotes from Rideout and Oram, both of whom appeared to be scrambling to cope with the unexpected issue, but the best of all was Rideout's comment to VOCM:
Look that's all poppycock nonsense and dribble from people who don't know what they're talking about. Members have to concur with the, with the ban on donations. Members have to concur with the fact that discretionary spending is gone. All of these matters that was in the rules as brought forward by Judge Green have been accepted and implemented. There's the matter of some mechanisms that can't be put in place overnight.
Given that "all of these matters that was in the rules as brought forward by" Chief Justice Green have been accepted but won't actually be implemented until October 9, Rideout's comments are about as accurate as Jim Flaherty claiming that the Atlantic Accords haven't been changed and that the era of federal-provincial bickering is now over.

Those "mechanisms" Rideout refers to in the last sentence are actually all the rules "as brought forward by" Chief Justice Green.

Like the one that says a member of the legislature is personally liable for overspending on his or her expense account.

or the one that says a member of the House of Assembly cannot make donations using public funds.

Not in force.

Until October 9.

Mark it on your calendar.

You can bet every sitting member of the legislature running for re-election has it red-circled.

-srbp-

What Tom said on the Green report

Exerpt from an interview with Deputy Premier Tom Rideout, aired on CBC radio On the Go, Friday, June 22, 2007:

Well, first of all, let me say that any changes made to the Green Report and the legislation that accompanied the Green Report were made in total concurrence and consent with Chief Justice Green.

Not one T was uncrossed or not one I undotted without, without his consent or his concurrence. There are certain aspects of the Green Report that, that he didn't develop a regulatory regime on. For example, the number of trips that members can take to their district and be reimbursed for, the number of days they can be out of their district and in St. John's and be reimbursed for. He made some general recommendations but no firm conclusions.

So, that matter has to be addressed by a management board, a new management board of the House which has to be, which has to be put in place and report and he concurred that that can't happen, you know, that has to take time to happen an that the recommendation, those recommendations could only come in effect at some time in the future.

And he agreed and we all agreed that the effective date ought to be the election day, which is October ninth. So, there are mechanical matters, there are other matters, for example, like, like a software program that reports automatically on members' expenses. It's in place in some departments now; it's not even, it hasn't even been put in place in the House of Assembly yet. These are mechanical things that have to be put in place and take time to put in place. He agreed to that and he agreed
that those, that it was necessary to reflect that in the schedule of the Act that we passed through the Legislature. So, it was done with his consent and with his concurrence.

-srbp-

22 June 2007

Accountability and Transparency

Transparency and accountability are the building blocks of public confidence.
Chief Justice Derek Green

In his comprehensive report, Chief Justice Green made a simple observation that conceals a much more profound truth for the members of the House of Assembly.

The public must have confidence in its legislators, confidence that has been seriously eroded by the House of Assembly spending scandal after a year of revelations.

No one doubts the sincerity of the Premier and the other members in addressing the matter. We all may take them at their word.

However, at this point, intentions and words are not as important as actions in restoring that public confidence.

As Ronald Reagan used to say, "trust but verify".

The verification in this case is contained in the schedule to the Green bill passed by the House of Assembly on the last day of its session before the general election.

The schedule set down rules for reporting of spending in the legislature and for public disclosure of that spending. It also set down specific rules for spending constituency allowances, something many members said had been absent.

The action that would have given full and unquestionable proof of the members' intentions would have been the immediate adoption of the schedule to Green's bill. If there were concerns about specific sections - such as the transportation ones - those may have been set aside to be addressed later.

Fundamentally, however, transparency and accountability is the core of the current problem in the House of Assembly, as Chief Justice Green noted.

The core of transparency and accountability is telling the public what is being done and why.

In the case of the Green bill, the members of the House of Assembly didn't do that. In fact, they left the impression that the rules were in place already, not, as it turned out, that they would come into force after the next election. Take a look at Rob Antle's Telegram story and one sees just that impression.

At no point, did any member of the legislature tell the members of the public clearly what was being done and why. All members knew or ought to have known. Certainly the senior leaders - the House leaders from each party - knew what was going on. Yet, in the House they said nothing.

This was not a decision of the Williams administration alone and no one should direct an attack or criticism specifically at the premier's administration.

Rather the failing here is one to be borne collectively by all members of the House from all parties.

On their first step on the road to restoring public confidence, all members of the House of Assembly stumbled and stumbled badly. They will undoubtedly try and offer some excuses, as Paul Oram has attempted already.

Fundamentally, however, Mr. Oram's explanation simply calls into question the decision to postpone adoption of The Rules. If caucuses have already agreed to be bound by the rules, then they ought to have been given full force of law. Why pussyfoot around, especially since a clear and unequivocal action would have left no doubt as to members' intentions?

And for members attempting to deal with the issue individually, a clear set of rules would relieve them of the pressure from groups long used to receiving various donations from public money in a way Chief Justice Green unequivocally denounced. They do not have to set arbitrary rules about which donations to grant and which to reject or to face the potential questions when some of their colleagues might be found to have done something different from what they have done.

One set of rules would bind them all to the same standard. After all, the absence of rules is the excuse offered by so many members of the House and the creation of clear rules set by Chief Justice Green is what so many of those same members pined for.

Why then, did they postpone adopting The Rules?

Why then, didn't they tell the people of the province what they were doing and why?

Why, after a year of revelations and the repetition of the words "accountability" and "transparency" does it appear that all the members of the legislature don't seem to understand what those words actually mean?

-srbp-


Democracy Watch on public gifts

The other side of the treating business, namely gifts to politicians and their staffs:



Scientific Studies Show Even Small Gifts Have Undue Influence -- New Federal Ethics Watchdogs Must Enforce Federal Rules That Prohibit Almost All Gifts to Politicians, Staff, Appointees and Public Servants, and All Governments in Canada Must Also Prohibit Gifts


OTTAWA - Today, Democracy Watch called on the new Conflict of Interest and Ethics Commissioner, new Public Sector Integrity Commissioner, and the still-to-be-appointed Commissioner of Lobbyists to require some recent large gifts to federal MPs to be returned, and to issue public interpretations and strictly enforce rules on gifts to politicians, ministerial staff, Cabinet appointees and public servants that have never been enforced. Former Ethics Counsellor Howard Wilson and former Ethics Commissioner Bernard Shapiro and ongoing Registrar of Lobbyists Michael Nelson completely failed to enforce ethics rules concerning gifts, sponsored travel and other benefits.

Democracy Watch also called on municipal, provincial and territorial governments across Canada to ensure that they have strong rules in place that prohibit even small gifts, as even small gifts have been shown to have undue influence on decision-makers, and to ensure that they have a fully independent, fully empowered ethics watchdog agency to enforce the rules. Gift scandals have occurred across Canada in the past few years.

Scientists in both Canada and the U.S. have shown through clinical studies that even small gifts have undue influence because they create a psychological obligation to return the favour. Research by Dr. Joel Lexchin of York University and others has shown clearly that doctors change their drug prescribing patterns because of gifts, large and small, given to them by drug companies. In response to this research, and several gift-giving scandals, the International Federation of Pharmaceutical Manufacturers Associations in January 2007 announced a new worldwide code prohibiting essentially all gifts to doctors from drug companies.

Dr. Robert Cialdini, and other psychologists in the U.S., have conducted clinical studies showing that gifts (even small ones) and other benefits are the most powerful way to influence people.

The federal Conflict of Interest Code for Members of the House of Commons (MPs Code) specifically bars MPs and their family members from accepting "any gift or other benefit" (including sponsored travel) connected with their position (subsection 14(1)) except normal "hospitality" or "protocol", and all gifts "that might reasonably be seen to compromise their personal judgment or integrity" must be declined (subsection 2(e)). The MPs Code also requires MPs generally to "uphold the highest standards so as to avoid real or apparent conflicts on interests" (subsection 2(b)). The code for federal Cabinet ministers, their staff, Cabinet appointees and senior government officials, and the Values and Ethics Code for federal public servants, contain similar prohibitions.

"Many people in government love the gravy train of gifts, wining and dining and event tickets from lobbyists, and wilfully ignore the clear, scientific evidence that such gifts influence their decisions," said Duff Conacher, Coordinator of Democracy Watch. "Governments and ethics watchdog agencies across Canada must immediately stop this unethical gravy train in its tracks."

- 30 -

FOR MORE INFORMATION, CONTACT:
Duff Conacher, Coordinator of Democracy Watch
Tel: (613) 241-5179

One last trip to the trough?

To commence a new era of accountability in the Newfoundland and Labrador legislative assembly, the House of Assembly Accountability, Integrity, and Administration Act was introduced, which is a piece of legislation that incorporates the recommendations of the Green Report.
News release:"House Leader Extremely Pleased with Productivity During HOA Spring Session"
Government House leader Tom Rideout,
14 June 2007


[Updated with new post script. originally posted 9:00 PM, 21 Jun 07]]

Deputy Premier Tom Rideout may be pleased, but most Newfoundlanders and Labradorians likely don't realize that Rideout and his fellow legislators quietly shelved some key provisions of Chief Justice Derek Green's legislation aimed at cleaning up the House of Assembly spending scandal until after the fall election.

The members delayed implementing restrictions that, among other things, ban the practice of handing out gifts and donations from constituency allowances.

Here's one section on hold until after October 9:
46 (5) A member, in his or her capacity as a member, shall not make a donation or gift, whether of a charitable nature or not, to any person, group or community except as may be contemplated by subsection (3) and section 27. [Emphasis added]

(6) Where a member makes a donation or gift, whether of a charitable nature or not, in a personal capacity, the member shall, in making the donation or gift, stipulate that any acknowledgment of the donation or gift shall not identify him or her as a member.
Right behind it is another provision that further restricts what public money can be spent on:
47. (1) An expense of a type listed in subsection 46(3) may not be

reimbursed if

(a) it is not directly connected with the member’s responsibilities as a member in relation to the ordinary and proper representation of constituents and the public;

(b) it is incurred in relation to partisan political activities or promotion; or

(c) one or more of the following persons has a financial interest in the contract or other arrangement under which the expense is incurred or in a corporation that has a financial interest in the contract or other arrangement under which the expense is incurred:

(i) the member,

(ii) an associated person in relation to the member,

(iii) another member, and

(iv) the spouse or child of another member. [Emphasis added]

The amendment was made at the committee stage on the very last day of the session as everyone was looking to get the last bits of work cleared up. The seemingly innocuous changes were moved by Rideout and passed on a voice vote all in the space of a few minutes.

The change was made even more speedily and without any public comment. By contrast, even the hasty changes to the Internal Economy Commission Act in 1999 that barred the auditor general from the Assembly accounts garnered a few remarks from each of the House leaders in turn.

The changes to the Green bill were more like a St. John's City Council pay hike vote. Here's the extract from Hansard, in which Deputy Premier Tom Rideout moved an amendment:
MR. RIDEOUT: Thank you, Mr. Chairman.

I would like to move that the bill be amended by adding immediately after clause 71 the following: 71.1.(1) "The rules contained in the Schedule shall be treated for all purposes as if they had been made by the commission under section 64 and, to the extent necessary, to have been adopted by the House of Assembly under subsection 20(7)."

Also, subsection (2) "Notwithstanding subsection (1), the rules contained in the Schedule may be dealt with by the commission under section 64 as if they had been made by the commission."

CHAIR: It is moved by the hon. Government House Leader that clause 71 be amended. The Chair rules that the amendment as put forward by the hon. Government House Leader to clause 71 is in order.

Is it the pleasure of the Committee to adopt the said amendment to clause 71?

All those in favour, ‘Aye’.

SOME HON. MEMBERS: Aye.

CHAIR: All those against, ‘nay’.

Carried.

Motion amendment, carried.

CLERK: Clause 72.

CHAIR: Clause 72.

The hon. the Government House Leader.

MR. RIDEOUT: Thank you, Mr. Chairman.

I move subclause 72(2) of the bill be amended by adding immediately after paragraph (b) the following: (c) "The Schedule comes into force on October 9, 2007."

CHAIR: It is moved by the hon. Government House Leader that clause 72 be amended. The Chair rules that the amendment as put forward by the Government House Leader is in order.

Is it the pleasure of the Committee to adopt the said amendment to clause 72?

All those in favour, ‘Aye’.

SOME HON. MEMBERS: Aye.

CHAIR: All those against, ‘nay’.

Carried.

On motion amendment, carried.

CHAIR: Is it the pleasure of the Committee to adopt clause 72 as amended?

All those in favour, ‘aye’.

SOME HON. MEMBERS: Aye.

CHAIR: All those against, ‘nay’.

Clause 72, as amended, is carried.

On motion, clause 72, as amended, carried.

That's it.

It all looks like gobbledlygook or trivia until you check the bill, as passed and see what the amendment to section 71 and of course section 72 did.

Turns out the amendments meant that certain provisions of the bill wouldn't come into force until after the next election. Those sections are largely the set of rules on allowances and spending - actually titled "Rules", incidentally - that are intended to:
(a) to provide resources to members to assist them to fulfill their public duties and responsibilities as members of the House, for the benefit of the residents of the province;

(b) to promote accountability in, and transparency with respect to, the expenditure of public funds; and, [Emphasis added]

(c) to facilitate public understanding of the use of public funds in fulfillment of members’ obligations.
Basically, all the sections of the bill setting controls on constituency allowances aren't in place and won't be in place until after the next election. One of the strong rules that won't be in effect until after October 9 would hold a member liable for over-runs on his or her allowance. Chief Justice Green's analysis, similar to observations made by Bond Papers last fall, suggests members of the legislature were more inclined to run up their allowance spending in the period immediately before an election.

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Postscript:

Apparently, not a single member of the legislature quoted in Rob Antle's otherwise fine story in the Telegram mentioned that some provisions of the bill - particularly about constituency allowances - were being shelved until after the fall election.

Legislature green-lights Green report; House adopts recommendations of report issued by chief justice

The recommendations of Chief Justice Derek Green are now black-letter law.

The House of Assembly swiftly passed Bill 33 Thursday. The new law incorporates the recommendations of Green's report into financial arrangements at the legislature. Green provided draft legislation as part of his sweeping review.

It was the last piece of business attended to during the spring session of the House. Lt.-Gov. Ed Roberts gave the new law royal assent.

Bill 33 contains a series of new requirements aimed at fixing financial controls at the legislature.

Those include new layers of audits, a more transparent salary structure for MHAs, stricter ethics and accountability rules for politicians, and a revamped commission overseeing the affairs of the House.

The legislature will also be thrown open to the province's freedom of information laws.

Members from all parties lauded the new law during debate in the House of Assembly.

Finance Minister Tom Marshall said that changes to things like salaries for politicians will be done through the legislature "in full sight of the people of the province."

Liberal Opposition House leader Kelvin Parsons lauded the fact that future dealings in the House will be transparent and accountable.

NDP Leader Lorraine Michael thanked Green for his work.

"All we can do now is move forward," Michael noted. She said Green's recommendations allow the legislature to do that.

Topsail MHA Elizabeth Marshall made a personal observation - she never anticipated becoming an MHA and voting on a piece of legislation that righted the wrongs of the past.

She was auditor general in 2000 when politicians barred her from examining the books of the House.

A series of law and policy changes over the years enhanced benefits for politicians, and reduced public access to information about how tax dollars were being spent.

Auditors were allowed back in to the House after the Tory government took power in 2003.

Auditor General John Noseworthy's subsequent findings sparked a series of ongoing police investigations into current and former MHAs and a key House staffer. Noseworthy found questionable spending of at least $4.4 million. He is still reviewing the appropriateness of all constituency allowance claims back to 1989.

Marshall said the passage of the new law means "transparency, openness and accountability at the House of Assembly probably for the first time ever."
Update II

The 10 Commandments didn't come with a start date.


Moses took good dictation, and when he came down off Sinai, he had the whole ready to go from that instant.

There's more than something odd that when Chief Justice Derek Green handed down clear rules, the members of the House of Assembly decided they'd put off living under them for a few months; conveniently, until the election is over.

Official spokespeople will not doubt raise some lame excuse like the need to set up the new system.

Problem with that excuse is that the rules could have been implemented the day the legislation passed. They work under the old administrative system or the new one, because the rules say things like "No donations" or "If you overspend your account, you will pay out of your own pocket."

After all, how many times did we hear someone like education minister Joan Burke tell us that there were no rules and she needed someone to hand her rules to follow? or Paul Oram tell us exactly the same thing: we need rules, 'cause right now we don't have rules, so we need rules and now that we have rules, Linda/Randy/Bill, everything will be fine.

What the members of legislature missed of course is that for the past year we have had reminder after reminder about the need for accountability. Slipping through amendments and not mentioning it at all - like the 2800 secret bucks - is fundamentally the opposite of being accountable and transparent.
"Transparency and accountability are the building blocks of public confidence," Chief Justice Derek Green of the Newfoundland Supreme Court's Trial Division wrote in a 1,300-page report released Thursday. [From the Telegram]

Penetrating insight into the obvious.

But it was so obvious that the members of the legislature didn't get it.

Just like they didn't get it at any point over the past decade.

What Green recommended

Chief Justice Derek Green recommended that his draft legislation and the associated rules should come into force at the same time.

Recommendation No. 80

(1) The draft Bill, styled the House of Assembly Accountability, Integrity and Administration Act, as set out in Schedule I to this chapter of this report, should be
presented to the House of Assembly as soon as possible for debate and, if thought advisable, enactment;

(2) Upon the coming into force of the House of Assembly Accountability, Integrity and Administration Act, the draft set of rules, styled the Members’ Resources and
Allowances Rules, as set out in Schedule II to this chapter, should be forthwith presented to the House of Assembly Management Commission, as reconstituted under the Act, for adoption in accordance with the Act;
The House of Assembly actually did something else. The rules governing how members may spend their allowances will not come into force until after the next election.

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