More than half not done despite 2003 commitment “to deal with them and begin to restore the public's confidence”
Of the 23 commitments made by the Progressive Conservative opposition on what a February 2003 news release termed “ethics and accountability”, 11 remain unfilled and in two instances, the action taken went against the stated commitment.
Amendments to the energy corporation act in 2008 and the research and development corporation act in 2009 both increased the restrictions on disclosure.
No action has been taken to impose six new, tougher restrictions on campaign financing.
No action has been taken to reduce restrictions on disclosure of cabinet confidences and no amendments that would “enhance the transparency of government actions and decisions.”
Of the 10 commitments actually met, one to impose significant penalties for breaches of the lobbyist registration act turned out to be nothing more than a potential one year de-registration.
At least two significant lobbying efforts were never registered. One involved a multi-million dollar
fibre-optic deal. in another instance,
officials of a tourist project now in bankruptcy protection claimed publicly to have been lobbying but never registered their activities.
In two others where action was taken, nothing appears to have been done to implement the commitment until the House of Assembly spending scandal became public. The commitments – for a code of conduct for members of the legislature and new administrative procedures on allowances - were implemented in 2007 as a result of
recommendations by Chief Justice Derek Green following his inquiry.
The policy commitments were made by then-opposition leader Danny Williams. Ironically, Williams was accompanied at the announcement by Ed Byrne, currently serving
a prison sentence for fraud and corruption.
Williams’ words at the time proved to be prophetic:
We've invited you here today to address what I see as one of the greatest challenges facing elected governments today. As a result of recent developments at both the provincial and national level, I firmly believe that the public is losing confidence in their elected officials.
We've seen blatant abuse of office and taxpayers' money, allegations concerning conflict of interest, questions of fundraising contributions, and suggestions of impropriety during leadership conventions. These are very serious issues that are eroding the people's confidence in government.
Now, we can either choose to ignore these issues and continue with the status quo or we can attempt to deal with them and restore the public's confidence. I'm saying that it's time to deal with them and begin to restore the public's confidence.
Public confidence likely took a further dip with the revelations of what occurred in the legislature between
1997 and 2006.
Here’s a list of the commitments and notes on the actions taken or not taken. The complete news release is at the bottom of this post.
Serial
|
Commitment
|
Action
|
1
| “We will legislate maximum donations to candidates in Party leadership contests, nominees in Party candidacy races, and candidates in general elections and by-elections.” |
No action taken.
|
2
| “We will set out in legislation that the cash contribution to the party from an individual or corporation shall not exceed $10,000.” |
No action taken.
|
3
| “We will also legislate maximum expenditures by candidates in Party leadership contests, nominees in Party candidacy races, and candidates in general elections and by-elections.” |
No action taken.
|
4
| “Furthermore, we will require the full public disclosure of all donations to, and expenditures by, candidates in Party leadership contests, nominees in Party candidacy races, and candidates in general elections and by-elections.” |
No action taken.
|
5
| “With respect to Party leadership races, we will require that donations must be disclosed when they occur, and all expenditures must be independently audited and fully disclosed within three months after the election of a new leader.” |
No action taken.
|
6
| “We will also enact provisions governing the ownership of unused contributions donated to candidates in leadership races. These legislative provisions will ensure that all unused donations are returned to the donors”. |
No action taken.
|
7
| “We will amend the Elections Act to require that provincial elections be held on a fixed date every four years, or immediately if a government loses a confidence vote in the House of Assembly.” |
|
8
| “The legislation will ensure that, if the Premier resigns or the Premier's office is vacated within the first three years of a term, an extraordinary election will be held within twelve months and a new government will be elected to a fixed four-year term.” |
|
9
| “We will also amend the Elections Act to require a by-election to be called within 60 days of a vacancy and held within 90 days of a vacancy, so as to ensure that all Newfoundlanders and Labradorians are appropriately represented in the legislature.” |
|
10
|
“We will establish a new procedure to provide for the proper auditing and disclosure of the expenses of Members of the House of Assembly.” |
Significant new procedures were not implemented until after the disclosure of the spending scandal and not until passage of the House of Assembly Accountability, Integrity and Administration Act in 2007. |
11
|
“We will amend the Access to Information legislation to enhance the transparency of government actions and decisions.” |
Amendments to the Energy Corporation Act in 2008 and the research and development corporation act 2009 significantly reduced access to information related to these two bodies.
There have been no amendments to the ATIPPA to “enhance the transparency of government actions.” |
12
| “The Access to Information legislation proposed and passed by the Grimes government in 2001 (though it has not yet been proclaimed) allows the government to exclude a great deal of information from release to the public under the umbrella of "cabinet confidences". We will limit that exemption so more information that rightly belongs in the public domain will be accessible to the public.” |
No action to limit the exemption.
A request for disclosure of polling (specifically listed in the 2002 legislation as not being exempt from disclosure) was denied initially on the grounds it may disclose cabinet confidences.
|
13
| “Also, the legislation will be changed so any information that continues to fall under the umbrella of "cabinet confidences" will be released earlier.” |
No action taken
|
14
| “We will enact changes to tighten up the exceptions to the release of information.” |
Amendments to two other acts in 2008 and 2009 created new mandatory exemptions.
|
15
| “We will remove provisions that allow the cabinet to override the legislative provisions of the Act by regulation at their discretion.” |
No action taken.
|
16
| “Finally, we will shorten the time lines for the release of information so information that rightly belongs in the public domain is available to the people of the province on a timely basis.
Access delayed is sometimes access denied.” |
No action taken.
|
17
| “A Progressive Conservative government will commission a process of public consultation directly or through a special committee of the House of Assembly to develop appropriate and strict legislation for the registration of lobbyists operating in this province.” |
|
18
| “The primary objective of the legislation will be to establish a registry so the public can see by whom their Members and their government are being lobbied.” |
|
19
| “The legislation will require that lobbyists report their activities. It may also require those who hold public office to disclose circumstances in which they have been lobbied.” |
Public office holders are not required to disclose circumstances in which they have been lobbied. |
20
| “The legislation may require lobbyists to file their general objectives and/or their specific lobbying activities.” |
|
21
| “The legislation may differentiate between those who are paid to lobby government and those who represent volunteer or non-profit agencies.” |
|
22
| “The legislation will impose significant penalties for those who violate these provisions.” | The only penalty that may be imposed is the cancellation of a registration or the refusal to register a lobbyist for period not to exceed one year in duration. |
23
| “We will also ask the legislature to adopt a strict code of conduct for all Members, to be enforced by the Commissioner of Members' Interests, emphasizing their accountability to the wider public interest and to their constituents, and the need for openness, honesty and integrity in their dealings with the public, constituents and lobbying organizations.” |
A code of conduct for members of the House of Assembly was included in the House accountability act in 2007 on the recommendation of Chief Justice Derek Green.
Prior to the disclosure of the House of Assembly spending scandal, no action appears to have been taken on this. |
-30-
Williams announces policies regarding
ethics and government reform
ST. JOHN'S, February 5, 2003 —
Danny Williams, Leader of the Opposition and MHA for Humber West, today announced a number of policies regarding ethics and government reform. His speaking notes follow:
Good afternoon, and thank you everyone for coming out today. Joining me is Ed Byrne, our House Leader, and Harvey Hodder, one of our longest-serving MHAs.
We've invited you here today to address what I see as one of the greatest challenges facing elected governments today. As a result of recent developments at both the provincial and national level, I firmly believe that the public is losing confidence in their elected officials.
We've seen blatant abuse of office and taxpayers' money, allegations concerning conflict of interest, questions of fundraising contributions, and suggestions of impropriety during leadership conventions. These are very serious issues that are eroding the people's confidence in government.
Now, we can either choose to ignore these issues and continue with the status quo or we can attempt to deal with them and restore the public's confidence. I'm saying that it's time to deal with them and begin to restore the public's confidence.
To that effect, I am today announcing several policies to help modernize the electoral process and the day-to-day operations of the government in Newfoundland and Labrador. These policies concern three separate areas that can be classified under the following general headings: transparency in political fundraising, effective government, and regulation of lobbyists.
Each policy area was developed under the basic philosophy that the public has a legitimate right to be informed of their government's activities.
A. Transparency in Political Fundraising
Let's first look at transparency in political fundraising.
The
Elections Act limits election campaign contributions and spending, and attempts to promote electoral fairness by allowing candidates to recover part of their campaign expenses from public funds.
However, the intent of the Act is undermined by loopholes that allow political parties to raise and spend unlimited amounts of money before an election is called, and permit unlimited contributions and spending on leadership contests.
A Progressive Conservative Government will amend the
Elections Act to close those loopholes.
- We will legislate maximum donations to candidates in Party leadership contests, nominees in Party candidacy races, and candidates in general elections and by-elections.
- We will set out in legislation that the cash contribution to the party from an individual or corporation shall not exceed $10,000.
- We will also legislate maximum expenditures by candidates in Party leadership contests, nominees in Party candidacy races, and candidates in general elections and by-elections.
- Furthermore, we will require the full public disclosure of all donations to, and expenditures by, candidates in Party leadership contests, nominees in Party candidacy races, and candidates in general elections and by-elections.
- With respect to Party leadership races, we will require that donations must be disclosed when they occur, and all expenditures must be independently audited and fully disclosed within three months after the election of a new leader.
- We will also enact provisions governing the ownership of unused contributions donated to candidates in leadership races. These legislative provisions will ensure that all unused donations are returned to the donors.
The public is demanding transparency in the raising and spending of all funds related to the election of Party leaders, Party candidates and Members of the House of Assembly. It is our obligation and our commitment to deliver the transparency and accountability that the public is demanding.
B. Effective Government
We also have seen problems arise over timely elected representation. There have been numerous situations over the last few years in which the electorate has gone unreasonable periods of time without elected representatives. In fact, one district did not have representation for the entire Voisey's Bay debate, which was one of the most important debates that occurred in this province last year. We have an ongoing situation in which the Premier has governed the province for two full years despite the fact that the people of Newfoundland and Labrador did not have the opportunity to elect him. And we have situations in which individuals are not able to obtain information from their government because of countless restrictions and excessive wait periods. This is wrong.
A Progressive Conservative Government will address these issues decisively.
- We will amend the Elections Act to require that provincial elections be held on a fixed date every four years, or immediately if a government loses a confidence vote in the House of Assembly.
- The legislation will ensure that, if the Premier resigns or the Premier's office is vacated within the first three years of a term, an extraordinary election will be held within twelve months and a new government will be elected to a fixed four-year term.
- We will also amend the Elections Act to require a by-election to be called within 60 days of a vacancy and held within 90 days of a vacancy, so as to ensure that all Newfoundlanders and Labradorians are appropriately represented in the legislature.
- We will establish a new procedure to provide for the proper auditing and disclosure of the expenses of Members of the House of Assembly.
- We will amend the Access to Information legislation to enhance the transparency of government actions and decisions.
- Our legislative changes will clearly identify information that should be in the public domain, and will require full and prompt disclosure of the information to the public. The Access to Information legislation proposed and passed by the Grimes government in 2001 (though it has not yet been proclaimed) allows the government to exclude a great deal of information from release to the public under the umbrella of "cabinet confidences". We will limit that exemption so more information that rightly belongs in the public domain will be accessible to the public.
- Also, the legislation will be changed so any information that continues to fall under the umbrella of "cabinet confidences" will be released earlier.
- We will enact changes to tighten up the exceptions to the release of information.
- We will remove provisions that allow the cabinet to override the legislative provisions of the Act by regulation at their discretion.
- Finally, we will shorten the time lines for the release of information so information that rightly belongs in the public domain is available to the people of the province on a timely basis. Access delayed is sometimes access denied.
C. Regulation of Lobbyists
Another activity which must be brought forward for public review involves government lobbying. The governments of Canada and four provinces have enacted legislation requiring lobbyists to disclose their identities, their intentions and their activities. Since there is no such legislation in this province, the people of Newfoundland and Labrador do not know which individuals and groups are lobbying their government to make decisions that will benefit the lobbyists or those they represent. Disclosure reassures the public that their representatives' arms are not being twisted behind the scenes.
- A Progressive Conservative government will commission a process of public consultation directly or through a special committee of the House of Assembly to develop appropriate and strict legislation for the registration of lobbyists operating in this province.
- The primary objective of the legislation will be to establish a registry so the public can see by whom their Members and their government are being lobbied. It will not be our intention to impede free and open access to government by individuals and groups, but we will strike the proper balance through transparency and disclosure.
- The legislation will require that lobbyists report their activities. It may also require those who hold public office to disclose circumstances in which they have been lobbied.
- The legislation may require lobbyists to file their general objectives and/or their specific lobbying activities.
- The legislation may differentiate between those who are paid to lobby government and those who represent volunteer or non-profit agencies.
- The legislation will impose significant penalties for those who violate these provisions.
- We will also ask the legislature to adopt a strict code of conduct for all Members, to be enforced by the Commissioner of Members' Interests, emphasizing their accountability to the wider public interest and to their constituents, and the need for openness, honesty and integrity in their dealings with the public, constituents and lobbying organizations.
Conclusion
In conclusion, I firmly believe that people are losing their confidence and trust in elected government, and that must change. Our Party is committed to that. It is our intention to begin to address these issues and restore public confidence with these policies.
