No. 27/2009

House of Assembly

Province of Newfoundland & Labrador

 

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2nd Session – 46th General Assembly

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Thursday, May 28, 2009

ROUTINE PROCEEDINGS

(a)    Statements by Members

(b)    Statements by Ministers

(c)    Oral Questions

(d)    Presenting Reports by Standing and Select Committees

(e)    Tabling of Documents

(f)    Notices of Motion

(g)    Answers to questions for which notice has been given

(h)    Petitions

 

ORDERS OF THE DAY

 

1. C Committee of Supply

 

2. C Address in Reply

Third Reading Bills

 

3. C Third Reading of a Bill C AAn Act To Amend The Income Tax Act, 2000.” (Bill No. 29)

                                                                                (Finance and President of Treasury Board)

 

4. C Third Reading of a Bill C AAn Act To Amend The Wild Life Act.” (Bill No. 30)

                                                                        (Environment and Conservation)

 

5. C Third Reading of a Bill C AAn Act To Amend The Liquor Control Act.” (Bill No. 32)

                                                                        (Finance and President of Treasury Board)

 

6. C Third Reading of a Bill C AAn Act To Amend The Adoption Act, The Child Care Services Act, The Child, Youth And Family Services Act And The Regional Health Authorities Regulations”. (Bill No. 35)               (Child, Youth and Family Services)

 

Second Reading Bills

 

        7. C Second Reading of a Bill C AAn Act To Revise The Law Respecting Rail Service.” (Bill No. 36)

                                                                                        (Transportation and Works)

 

MOTIONS

 

        1. C THE HONOURABLE THE MINISTER OF FINANCE AND PRESIDENT OF TREASURY BOARD C To Move that the House Resolve itself into a Committee of the Whole on Supply to Consider a Resolution Relating to the Granting of Supplementary Supply to Her Majesty. (Bill No. 34)

 

2. C THE HONOURABLE THE GOVERNMENT HOUSE LEADER C To Move:

 

        “WHEREAS subsection 16(1) of the House of Assembly Accountability, Integrity and Administration Act requires that an independent committee, called a Members' Compensation Review Committee, be appointed at least once during each General Assembly;

 

        AND WHEREAS, in accordance with subsection 16(2) of the House of Assembly Accountability, Integrity and Administration Act, the Speaker has consulted with all House leaders on the appointment of the said Committee;

 

        AND WHEREAS all House leaders have agreed with the introduction of this Resolution;

 

        AND WHEREAS, under subsection 16(4) of the House of Assembly Accountability, Integrity and Administration Act, a Members' Compensation Review Committee appointed under this resolution must report to the Speaker on its recommendations within 120 days of its appointment;

 

        BE IT RESOLVED THAT Joe O'Neill, Cathy Bennett and Brian Barry be appointed to the Members' Compensation Review Committee, with the appointment to be effective on July 6, 2009;

 

        AND BE IT FURTHER RESOLVED THAT the Members' Compensation Review Committee inquire into and prepare a report respecting the salaries, allowances, severance payments and pensions to be paid to Members of the House of Assembly;

 

        AND BE IT FURTHER RESOLVED THAT the Members' Compensation Review Committee, as part of its inquiries, include consultations with appropriate persons who can assist the Committee with respect to its required duties;

 

        AND BE IT FURTHER RESOLVED THAT the Members' Compensation Review Committee deliver its report to the Speaker on or before October 31, 2009;

 

        AND BE IT FURTHER RESOLVED THAT the House of Assembly Service conclude the contractual arrangements required to carry out the intent of this Resolution.”

 

3. C THE HONOURABLE THE GOVERNMENT HOUSE LEADER C To Move:

 

        “WHEREAS pursuant to subsection 3(1) of the Citizens' Representative Act and  following  a resolution of the House of Assembly on December 13, 2001, the Lieutenant-Governor in Council,  by Order in Council dated December 14, 2001, appointed Mr. Fraser March to serve as the Citizens' Representative commencing on February 1, 2002;

 

        AND WHEREAS the Auditor General in his Report on Reviews of Departments and Crown Agencies for the Year ending March 31, 2004, as submitted to the Speaker on January 26, 2005, identified a number of concerns relating to the operations of the Office of the Citizens' Representative;

 

        AND WHEREAS the said Auditor General Report contained the written response of the Citizens' Representative with respect to the identified concerns;

 

        AND WHEREAS the Internal Economy Commission of the House of Assembly conducted a review of the concerns raised by the Auditor General, hired an independent legal consultant to advise the Internal Economy Commission respecting those concerns and offered Mr. March himself, or through his solicitor, four opportunities to present his case before the Commission, which he declined;

 

        AND WHEREAS on June 29, 2005, the Internal Economy Commission directed the Speaker to recommend to the Lieutenant-Governor in Council that pursuant to subsection 7(1) of the Citizens' Representative Act the Citizens' Representative be suspended;

 

        AND WHEREAS on August 30, 2005 the Lieutenant-Governor in Council temporarily suspended, with pay, the Citizens' Representative from his duties pursuant to section 7 of the Citizens' Representative Act;

 

        AND WHEREAS on December 12, 2005, the House of Assembly, by a majority vote of its Members passed a resolution that Mr. March be removed from the Office of the Citizens' Representative;

 

        AND WHEREAS following the said Resolution the Lieutenant-Governor in Council, under section 6 of the Citizens' Representative Act, issued an Order in Council removing Mr. March from the Office of Citizens' Representative effective December 12, 2005;

 

        AND WHEREAS on April 6, 2007, Justice David Orsborn of the Supreme Court Trial Division dismissed an Application by Mr. Fraser March and concluded that the Resolution and the manner in which it was debated by the House of Assembly was immune from judicial review due to Parliamentary Privilege;

 

        AND WHEREAS Mr. March has requested that there be an independent review of the circumstances surrounding his removal;

 

        AND WHEREAS the Minister of Justice, on January 22, 2009 announced that he had asked the Government House Leader to request that the Management Commission of the House of Assembly endorse the introduction of a Resolution during the next session of the House of Assembly, to conduct an independent review of the case of the former Citizens' Representative, Mr. Fraser March;

 

        AND WHEREAS on May 13, 2009, a majority of the House of Assembly Management Commission members resolved that the Commission endorse a resolution in the House of Assembly to appoint a retired Supreme Court Justice to conduct an independent and impartial review into the circumstances of Fraser March's removal from office, which review will include the opportunity for Fraser March to be heard;

 

        THEREFORE BE IT RESOLVED that the House of Assembly Management Commission select a retired Supreme Court Justice who shall be appointed to conduct a review of the actions of Mr. Fraser March that led to his removal from the Office of the Citizens' Representative;

 

        AND BE IT FURTHER RESOLVED that the terms of reference for the said review shall be as follows:

 

1.   The retired Justice is authorized to undertake an independent review and evaluation of the actions of Mr. Fraser March with respect to the decision to remove him from the Office of the Citizens' Representative.

 

2.  The review shall include the opportunity for Mr. March to be heard by the retired Justice.

 

3.  The retired Justice is authorized to produce an opinion as to whether or not, there was sufficient cause to remove Mr. March from office.

 

4.  The review shall be completed within two months, at which time the retired Justice shall issue a written report to the Speaker for distribution to Members of the House of Assembly.

 

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Published under the authority of the Speaker of the

House of Assembly by Earl G. Tucker, Queen's Printer