June 24, 2010                        HOUSE OF ASSEMBLY PROCEEDINGS                  Vol. XLVI  No. 43


The House met at 1:30 p.m.

MR. SPEAKER (Fitzgerald): Order, please!

Admit strangers.

Statements by Members

MR. SPEAKER: Today we welcome the following private members' statements: the hon. the Member for the District of Signal Hill-Quidi Vidi, the hon. the Member for the District of Terra Nova, the hon. the Member for the District of St. John's East, the hon. the Member for the District of Baie Verte-Springdale, and the hon. the Member for the District of Mount Pearl North.

The hon. the Member for the District of Signal Hill-Quidi Vidi.

MS MICHAEL: Thank you very much, Mr. Speaker.

Mr. Speaker, in January of this year a great big sea hove into the Battery and damaged fishing stages that had been a part of people's lives for years. While this wave may have washed away infrastructure, it did nothing to dampen the spirits of those who live in the Battery.

Mr. Speaker, the newly formed Outer Battery Neighbourhood Association held their first public event, a barbeque, on June 19. It was a wonderful event attended by Battery residents and people interested in seeing the Battery restored and its history remembered and preserved. Many people who were out hiking last Saturday around Signal Hill stopped by as well.

The Outer Battery is rich in history and is a living representation of our Province's past. Members of the Outer Battery Neighbourhood Association believe, as I am sure all hon. members do, that it is important to preserve such cultural gems as Jack Wells Twine Loft which was severely damaged in January's storm.

They and their families have lived in the Battery for many years and have been maintaining the Battery community for themselves. They also realize the importance of the Outer Battery to the tourism and of sharing their own history of St. John's and the Province with the thousands of tourists who visit their community each year.

They are happy to share a part of their lives with those that walk through their laneways and it is this spirit of hospitality and perseverance against all odds that has allowed the Outer Battery to survive the many challenges the community has faced. It is this spirit, also, that will maintain the Outer Battery into the future.

Mr. Speaker, I ask all hon. members to join me in congratulating the Outer Battery Neighbourhood Association for all their hard work in rebounding after the January storm and wishing them all the best in the future for maintaining the Outer Battery as a must see destination in Newfoundland and Labrador.

Thank you, Mr. Speaker.

MR. SPEAKER: The hon. the Member for the District of Terra Nova.

SOME HON. MEMBERS: Hear, hear!

MR. S. COLLINS: Mr. Speaker, I rise today to recognize an inspirational man, Gerard Feltham of Glovertown. Mr. Feltham was born on Fair Island, Bonavista Bay in 1928. While he spent much of his early life working aboard his father's schooner, he continued to pursue his goals of a higher education.

Mr. Feltham has an extensive educational resume. After graduating high school from PWC he went on to attend Memorial University for two years. He would later achieve a Bachelor of Arts degree as well as a Bachelor of Education degree at Mount Allison University. He also completed the equivalent of a Bachelor of Social Work at the Maritime School of Social Work in Nova Scotia followed by a year of Theology at the University of Toronto. From there, Mr. Feltham would go on to work thirty years as a social worker and as a high school teacher.

Over the years, Mr. Feltham has travelled to over fifty countries. Following a trip to India in 1981, Mr. Feltham, along with a few of his friends started the Help a Village Effort - or H.A.V.E. - in 1982 in Haliburton, Ontario. Mr. Speaker, Walks for Water and H.A.V.E.'s main fundraising efforts are for the provision of safe drinking water systems to villages in developing countries, particularly those in India. Since its origin, H.A.V.E. has supplied approximately 800 wells and other water systems.

Mr. Feltham and his family moved to Glovertown in 1998 and introduced the Walks for Water to the area in the following year. In 2003, H.A.V.E.'s first official branch outside of Ontario was formed in Glovertown. I am very pleased to say that proceeds raised since 1999 have exceeded $100,000. Glovertown and area's walks have supplied about 115 wells to many villages in India. Consequently, about 70,000 villagers are now receiving sufficient clean, safe drinking water for the very first time.

My wife Samantha and I had the privilege of taking part in the Walk for Water in Glovertown this year. Mr. Speaker, as someone who has travelled to India, I can certainly attest to the need and can more than appreciate the importance of this endeavour.

Mr. Speaker, I ask all hon. members to join with me in recognizing this groups efforts and thanking Gerard Feltham for his unselfish dedication and commitment to helping others.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of St. John's East.

SOME HON. MEMBERS: Hear, hear!

MR. BUCKINGHAM: Thank you, Mr. Speaker.

Mr. Speaker, I rise in this hon. House today to extend congratulations to Mr. P.J. Shea, a senior environmental specialist with the Department of Environment and Conservation on his recent accomplishments. P.J. joins us today in the gallery.

This past June 11-13 weekend, P.J. won the Rupert Kethro Memorial Kinsmen Public Speaking Award at the Kin Canada Atlantic District 7 convention in Miramichi, New Brunswick.

This August, P.J. will represent Atlantic Canada Kinsmen in the National Kin Canada Public Speaking Competition held at their National Convention in Halifax. The topic of P.J.'s speech was how Kinsmen and Kinettes in Canada have been so successful in their efforts to fund cystic fibrosis research over the past three decades. In that time, they have raised an astonishing $37 million.

Mr. Speaker, P.J. is not only a Kinsmen but he also has cystic fibrosis. He went on to speak about how, as a young child, he had many experiences with Kinsmen and Kinettes, conspicuous in their red and black vests, as they helped at projects, children's camps and radiothons dedicated to CF. Now at age thirty-three, he continues to give back to the organization that did so much to help him and all the other children and adults living with CF. He has been a member of the Kinsmen Club of St. John's since 2007.

Mr. Speaker, I met P.J. Shea last year through a game of recreational hockey we share. He approaches the game with unbridled energy, enthusiasm and abandon. One can only imagine my surprise and then awe as I came to realize that as a result of CF, five years ago P.J. had a double-lung transplant. When P.J. was born in 1977, he had a life expectancy of five years because of CF. Today, through research, the median age for a CF patient is now forty-seven years old.

In closing, Mr. Speaker, I would like to ask all members of the House to join me in congratulating P.J. Shea on his public speaking accomplishments and even more importantly, on being a role model on how to face adversity and thrive.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of Baie Verte-Springdale.

SOME HON. MEMBERS: Hear, hear!

MR. POLLARD: Thank you, Mr. Speaker.

I rise in this hon. House today to congratulate the Town of Baie Verte, Business Chamber, and the organizing committee for successfully hosting the 23rd Annual Mining Conference on June 11 and 12.

Mr. Speaker, over 225 people, hailing from all over the Province, converged upon Baie Verte to register for the two day event. The conference provided an opportunity for individuals from business, government, the mining industry, and the investment community to meet in a relaxed atmosphere and exchange pertinent information surrounding the mining industry. Some features of the conference included: keynote address by Minister of Natural Resources and Deputy Premier; tour of the mining properties; presentation of technical papers; update of mining activity in the area; exhibition booths; and an exquisite seafood feast.

Mr. Speaker, the people of Baie Verte are to be applauded for going above and beyond year after year to host a conference of this magnitude. It speaks well of their tenacity, resilience and commitment to promote the peninsula's potential of becoming a leader once again in the mining industry, which has shaped the culture and lives of the people in the region.

I ask all hon. colleagues in this hon. House to join me in applauding the community of Baie Verte for hosting yet another overwhelmingly successful mining conference. I wish them every success as they continue to grow their economy as they eagerly await not one but three mines to operate in the area in the very near future.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of Mount Pearl North.

SOME HON. MEMBERS: Hear, hear!

MR. KENT: Thank you, Mr. Speaker.

I rise in this hon. House today to recognize the Mount Pearl Kinsmen and Kinettes and their tireless efforts in supporting the people of Mount Pearl. The Kinsmen are celebrating their ninetieth anniversary this year in serving our communities greatest needs in this country.

The mission statement of Kin Canada is, "a dynamic volunteer organization enriching our communities through service while embracing national pride, positive values, personal development and lasting friendships." This could not better describe the essence of the Kin Groups in Mount Pearl.

The Kinsmen and Kinettes have always been at the forefront of community participation in Mount Pearl. They have provided numerous services, from financial assistance to simply lending a helping hand.

With a membership of more than 7,000 members in approximately 500 Kinsmen, Kinette and Kin clubs from coast to coast, they are certainly a strong national organization.

Every year, Kin clubs contribute millions of dollars to Canadian communities. In fact, Kin members have proudly contributed more than $1 billion to Canadian communities since they were founded in 1920.

In Mount Pearl, the club organizes an annual Pennies from Heaven Campaign whereby they collect pennies door to door from residents. These funds are then targeted to charities that help residents of our community.

Mr. Speaker, I ask all members of this House to join me in congratulating the Mount Pearl Kinsmen and Kinettes on the ninetieth anniversary celebration, and wish them all the best in their future efforts to assist the people of our community.

Thank you.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Statements by Ministers.

Statements by Ministers

MR. SPEAKER: The hon. the Minister of Human Resources, Labour and Employment.

SOME HON. MEMBERS: Hear, hear!

MS SULLIVAN: Thank you, Mr. Speaker.

Mr. Speaker, the provincial government today launched a collection of video testimonials by immigrants to Newfoundland and Labrador. These testimonials provide insight into what attracts newcomers to our Province and their experiences living and working here.

As part of the Provincial Immigration Strategy, Diversity ~ Opportunity and Growth, launched in March of 2007, efforts are underway to promote Newfoundland and Labrador as a destination of choice for prospective immigrants to Canada.

This project was undertaken by the Office of Immigration and Multiculturalism with funding from Citizenship and Immigration Canada as part of Working in Canada Immigration Portal Project. The videos will be hosted on www.nlimmigration.ca.

Mr. Speaker, these videos will help tremendously in promoting the Province as a warm, welcoming and inviting destination. The individuals featured have all made a significant impact since arriving in Newfoundland and Labrador and continue to contribute to the growth and prosperity of our Province. Their impressions of the Province are inspiring, and they prove that you do not have to be born in our Province to be a proud Newfoundlander and Labradorian.

The testimonials are intended to depict the quality of life that Newfoundland and Labrador has to offer and the potential for immigrants to successfully settle and integrate in the Province and contribute to its social, economic and cultural fabric.

Mr. Speaker, later this year, the Office of Immigration and Multiculturalism will produce an additional twelve testimonials featuring Western and Labrador regions.

It would be remiss of me, Mr. Speaker, to not mention that last week was the second anniversary of the Policy on Multiculturalism in Newfoundland and Labrador. This policy gives voice to government's vision of the Province as a place filled with welcoming communities where the cultural diversity of all residents is valued and celebrated. I also attended FPT meetings in Ottawa last week where Ministers Responsible for Immigration highlighted achievements and discussed ways we can continue to work together to attract and retain immigrants in our respective jurisdictions.

Mr. Speaker, Newfoundland and Labrador is home to people from approximately 100 different countries, speaking seventy different languages! Our government understands the contribution immigrants make to our Province, and I am very proud of the work we have done to promote Newfoundland and Labrador as a destination of choice.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of Port de Grave.

MR. BUTLER: Thank you, Mr. Speaker.

I want to thank the minister for a copy of the video of testimonials by immigrants to Newfoundland and Labrador that was delivered to our office this morning. I have not had the opportunity to see it, Minister, but I have heard that it is really good. Some of our staff did look at it. I want to thank you for that.

Mr. Speaker, I want to congratulate the Office of Immigration and Multiculturalism for taking part in this project. I guess all of us here in our Province just take it for granted that we are a warm, welcoming and inviting destination for people, but it is good to know that people from other countries – some 100 different countries – have prepared a video so that people from other countries who have not visited our Province yet will find out that this is a destination where they can come and be welcome.

It is good to know that the minister took part with other Ministers Responsible for Immigration. I know some of my fellow colleagues here, when they attended the Public Accounts Committee meeting last year in, I think it was Edmonton, how various jurisdictions explained how they tried to promote immigration to their Province and the retention of those people when they come here. It is good to know that we are celebrating our second anniversary along those lines.

I want to commend government for continuing this work because I am sure each and every one of us have people in our districts who have moved here. We know how important they are to helping our economy in each and every area of the Province.

Mr. Speaker, with that, I thank the minister and I commend the Office of Immigration and Multiculturalism.

MR. SPEAKER: The hon. the Member for the District of Signal Hill-Quidi Vidi.

MS MICHAEL: Thank you very much, Mr. Speaker.

I, too, thank the minister for the advance copy of her statement and also for the copy of the DVD that we received in the office as well. I did get a chance to look at the beginning of the DVD. I think it is good to celebrate the diversity that we have in our Province. In spite of the numbers of our immigrants being low and our still having one of the lowest rates of immigration in the country, the diversity equals the diversity in other provinces. I think that is quite exciting, Mr. Speaker, and something for us to celebrate.

I would also like to speak about the Multiculturalism Women's Organization and the final report that they have presented on advancing immigrant women's equality in the Province. I know the minister has a copy of that report. I encourage the minister to promote some of the recommendations that they have in that report with regard to cultural sensitivity training, anti-violence awareness and information about community resources and referrals for women who are new in our society.

As they point out, Mr. Speaker, in the report, unfortunately, systemic racism still exists and we must continue to deal with these issues, which are the real issues that immigrant people have to work with in this Province. I encourage the minister to make sure that the programs that are coming out of our multicultural office continue to deal with those barriers that are there as well.

Thank you very much, Mr. Speaker.

MR. SPEAKER: Further statements by ministers?

Oral Questions.

Oral Questions

MR. SPEAKER: The hon. the Leader of the Opposition.

MS JONES: Thank you, Mr. Speaker.

Mr. Speaker, today is the last day of this sitting of the House of Assembly and a number of outstanding issues, I guess, we feel still need to be addressed. Over the past session, we have raised dozens of issues, and before moving on today to some new issues we would like to ask the government to provide some updates on things that we have raised earlier and have not received the information.

First of all to the Minister of Finance I ask: Can you provide an update on the negotiations with the Newfoundland and Labrador Medical Association and the time frames as to when an agreement may be reached?

MR. SPEAKER: The hon. the Minister of Finance and President of Treasury Board.

SOME HON. MEMBERS: Hear, hear!

MR. MARSHALL: Thank you, Mr. Speaker.

Government has been conducting negotiations with the NLMA. We had hoped to conclude the negotiations by the end of May, but unfortunately we were unable to do that. There has been a change of leadership. There is a new president; Dr. O'Shea has taken over from Dr. Lewis. The Executive Director of the NLMA is presently outside of the Province but has indicated he would like to get back and further the discussions upon his return, and that will happen.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Leader of the Opposition.

MS JONES: Thank you, Mr. Speaker.

The Minister of Natural Resources advised the House several weeks ago that a German company had visited the former AbitibiBowater mill in Grand Falls-Windsor and was evaluating whether to submit a business plan for the property. Of course, we heard comments from the Minister of Innovation, Trade and Rural Renewal at the time that downplayed that option and we heard comments from the Minister of Transportation and Works that their intention was really to dismantle the property.

I ask the minister today: Have you heard anything since regarding this company's interest in the former mill properties in Grand Falls-Windsor and where that is proceeding?

MR. SPEAKER: The hon. the Deputy Premier and Minister of Natural Resources.

SOME HON. MEMBERS: Hear, hear!

MS DUNDERDALE: Thank you, Mr. Speaker.

Mr. Speaker, late last week we received a business plan from this company. It is currently undergoing assessment by us, the Department of Finance and the Department of Business. We do not have anything further to report at this time, Mr. Speaker, until that analysis is completed.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Leader of the Opposition.

MS JONES: Thank you.

Mr. Speaker, the Minister of Education travelled to Qatar this week to visit the College of the North Atlantic campus in that country. We know that there are many questions related to the $5 million in staff overpayments.

I ask the minister, Mr. Speaker: If this trip is related to those overpayments and will this issue be discussed and does it relate to the contracts or the further contracts between this Province and Qatar?

MR. SPEAKER: The hon. the Government House Leader.

SOME HON. MEMBERS: Hear, hear!

MS BURKE: Mr. Speaker, the Minister of Education is presently in Qatar attending the graduation ceremonies at Qatar, and along with that, also the meetings for the Joint Oversight Board.

I am not aware of the agenda for the Joint Oversight Board, but I do know that the analysis that is being conducted or has been requested by government is certainly one that will be discussed with the Joint Oversight Board when it is available, to discuss the possible overpayment or the overpayment and the causes for the overpayment and certainly what we would need to do on a go-forward basis. I am not sure if it is on the agenda this week or not, or maybe it is put off until the report has been received.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Leader of the Opposition.

MS JONES: Thank you, Mr. Speaker.

Last week, as well, the Minister of Education committed to look into regulations at the College of the North Atlantic that blocked Early Childhood Education students from transferring credits from a private college into our own public college system, even though both are governed and certified by Department of Education standards.

I ask the minister if this investigation was completed and if the situation has been corrected.

MR. SPEAKER: The hon. the Minister of Child, Youth and Family Services, and Government House Leader.

SOME HON. MEMBERS: Hear, hear!

MS BURKE: Mr. Speaker, as Minister of Child, Youth and Family Services, this is certainly something, as a department, we are interested in having completed as well. I am not aware that the inquiry or the investigation has been completed and the results are known at this time, but certainly it is something that, once the Department of Education has their work done, that the Department of Child, Youth and Family Services will be receiving that information.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Leader of the Opposition.

MS JONES: Thank you, Mr. Speaker.

We have been several months in the Province now with an Acting Child and Youth Advocate. We raised this issue in this session of the House.

I ask the minister: When will a permanent Advocate be chosen for this position?

MR. SPEAKER: The hon. the Minister of Justice and Attorney General.

SOME HON. MEMBERS: Hear, hear!

MR. F. COLLINS: Thank you.

Mr. Speaker, I understand that, again, the chief Advocate reports to the House and not to this minister or any other minister, but I do understand that the recruitment process is well underway. I think a candidate is being considered. I would assume that a decision will be made very shortly.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Leader of the Opposition.

MS JONES: Thank you, Mr. Speaker.

Mr. Speaker, the Minister of Finance committed to speaking with his counterparts from other provinces regarding the online casino gambling through the Atlantic Lottery Corporation before agreeing to bring it to this Province. We realize these meetings happened last week.

I ask the minister: Did you discuss the online casino gambling proposal at those meetings, and is this something that will be introduced in Newfoundland and Labrador?

MR. SPEAKER: The hon. the Minister of Finance and President of Treasury Board.

SOME HON. MEMBERS: Hear, hear!

MR. MARSHALL: Thank you, Mr. Speaker.

The answer to the question is, obviously, yes. I was in Prince Edward Island and I did have discussions with the other finance ministers, the Atlantic finance ministers. We had a discussion about what they want to do with online gambling, and where the department is doing an analysis, and in due course I shall bring this forward to my colleagues and government will make a decision in due course on how it wishes to go forward.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Leader of the Opposition.

MS JONES: Mr. Speaker, striking support workers on the Burin Peninsula have been on strike since last year because the provincial government refuses to treat them the same as all the other bargaining units within the public service. They have been on strike through the fall session of this Legislature, through Christmas, through Easter, into the spring, and right to the closure of this session.

I ask the minister: When will you give these workers a settlement and include them under the same bargaining agreement clauses as others that work within the system so that they can get this strike over with and go back to work?

MR. SPEAKER: The hon. the Minister of Finance and President of Treasury Board.

SOME HON. MEMBERS: Hear, hear!

MR. MARSHALL: Mr. Speaker, as I have said in this House on many occasions, government is not the employer here. Government is merely the negotiator under the provisions of the Public Service Collective Bargaining Act. Discussions have been ongoing as recently as within the last couple of weeks. Discussions continue to unfold and if there is any new information, I will be happy to bring it forward to this House at the appropriate time.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Opposition House Leader.

MR. KELVIN PARSONS: Thank you.

Mr. Speaker, yesterday the Minister of Environment was supposed to speak to the Minister of Transport Canada regarding changes that were made in April to tugboat regulations in Placentia Bay. She did advise that she spoke to officials with North Atlantic Refinery who justified the changes but not with the federal minister at that time.

I ask the minister: If she has now had an opportunity to speak with the federal minister and if he has provided any explanation as to the rationale behind their April decision on the regulations and the impact it may have on safety and oil spill response in Placentia Bay?

MR. SPEAKER: The hon. the Minister of Environment and Conservation.

SOME HON. MEMBERS: Hear, hear!

MS JOHNSON: Thank you, Mr. Speaker.

Mr. Speaker, the federal minister has not been available yet for a call, but my deputy minister did speak to his deputy.

Mr. Speaker, it is important that the member opposite do his homework. There have been no changes made to the regulations; there have been no exemptions made to the regulations. These regulations have been in effect since July, 2009. Under those regulations, for escort services, four people are required. So North Atlantic Refinery went from three to four. For in-harbour services, the minimum is two and they currently maintain three. So, they are above the standard. There has been no exemption and there has been no change to policy.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Opposition House Leader.

MR. KELVIN PARSONS: Thank you, Mr. Speaker.

Yesterday, the Minister of Environment's explanation raised a number of questions. According to the FFAW, having a requirement for two people on a tugboat is not safe and they feel government is being pushed around by the oil industry in that regard. They also feel that while North Atlantic may have three people on tugs at certain times, the company lobbied quite hard to get the regulations changed and it is only a matter of time before they move to a two-person configuration.

I ask the minister: Transport Canada has issued three safe manning documents over the past year, how is it safe to move from four people to two people within a twelve-month period and not compromise the safety in that particular bay?

MR. SPEAKER: The hon. the Minister of Environment and Conservation.

SOME HON. MEMBERS: Hear, hear!

MS JOHNSON: Thank you, Mr. Speaker.

Mr. Speaker, it is important to note that this has nothing to do with oil spill response, this is about crew safety. Mr. Speaker, there has been no change in policy. This has been the policy that has been in effect since July of 2009. In April of 2010, North Atlantic refinery sought clarification on the maritime regulations, transportation regulations. There has been no change.

I have contacted the federal government as the member asked me, and I certainly ask him if he has done the same.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Opposition House Leader.

MR. KELVIN PARSONS: Thank you, Mr. Speaker.

We have spoken with the representatives of the FFAW, Mr. Speaker. According to the FFAW, other areas of the country such as British Columbia are beefing up their regulations whereas this Province is moving in the opposite direction. There are approximately 400 fishing enterprises in Placentia Bay that could be ruined in the event of an oil spill.

I ask the minister: Do you support these manning regulation changes that have been made or are you going to challenge the federal government, and are you prepared to meet with the FFAW representatives to discuss their side of the story, as they put it?

MR. SPEAKER: The hon. the Minister of Environment and Conservation.

SOME HON. MEMBERS: Hear, hear!

MS JOHNSON: Thank you, Mr. Speaker.

Mr. Speaker, the purpose of my call, when it happens with Minister Baird, is to state that if there are changes to take place, while this is happening in our waters in the Province of Newfoundland and Labrador we would certainly like to be consulted.

Mr. Speaker, I have been assured that there are no changes. This is the current policy and North Atlantic Refinery just sought clarification on that policy. Their policy is for a very valid reason, for a safety reason, when boats are out in the harbour that four crew are required: a master, an engineer and two crew people. This is for safety reasons, but when boats are within the harbour, which is primarily for docking and undocking of product vessels, which is about three times a week, five hours per trip, so fifteen hours per week and this is where the tug is gently pushing the product vessels in, two people are all that is required for that type of operation.

There has been no change in the federal regulations. Certainly, if there were to be a change, I have no doubt that the federal government would be in contact with us and certainly consult with us on that.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of The Straits & White Bay North.

MR. DEAN: Thank you, Mr. Speaker.

Mr. Speaker, on VOCM this morning the Federation of School Councils expressed concerns about the school fire evacuation plans for disabled students. Areas of refuge within schools are intended to ensure that disabled students have access to safe, fireproof areas until the proper help arrives.

I ask the minister if she can tell me how many schools in our Province currently have areas of refuge.

MR. SPEAKER: The hon. the Minister of Child, Youth and Family Services and Government House Leader.

SOME HON. MEMBERS: Hear, hear!

MS BURKE: Mr. Speaker, this government has certainly invested heavily in the infrastructure of our schools. One of the main reasons for that is we want to provide safe learning environments for all the students in Newfoundland and Labrador.

Over the years, Mr. Speaker, we have seen a number of schools that closed for safety reasons so we could get in and get the work done. Our investment in school infrastructure has increased year over year so that we can make these environments safe for all.

I do not have the statistics as the hon. member asked for right now, but I can assure the hon. member that fire safety and the evacuation of students, and in particular, any student who would have any type of challenging or special needs in order to evacuate the building is something that would be of importance to this government and to the Department of Education. If there are any issues or any particular buildings that they felt needed attention, I am sure the department would look specifically at those buildings and do the necessary upgrades.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of The Straits & White Bay North.

MR. DEAN: Thank you, Mr. Speaker.

Mr. Speaker, the National Fire Protection Association 101, Life Safety Code requires that areas of refuge be equipped with two-way communication, clean air ventilation, fireproof and smoke proof doors, sprinklers and they are supposed to be clearly marked.

I ask the minister: Are inspections conducted on a regular basis to ensure that areas of refuge are compliant to the NFPA requirements?

MR. SPEAKER: The hon. the Minister of Government Services.

SOME HON. MEMBERS: Hear, hear!

MR. O'BRIEN: Yes, Mr. Speaker, the short answer of that is yes. Our schools are inspected on a yearly basis. Each and every school in this Province is inspected by inspectors of the Department of Government Services and in some they are actually inspected two and three times. Also, there is a process in place of education in regard to the regular maintenance people doing inspections as well. So everything is done to the standard and inspected to the standard.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of The Straits & White Bay North.

MR. DEAN: Mr. Speaker, another crucial safety concerns for many students, parents and teachers is the availability of descent devices on stairs in our provincial schools, as well as the ability of students who require these devices to be able to do so independently. These devices provides safe and efficient access up and down stairways in the case of an emergency and the availability and independent use of these devices ensure that staff members do not have to potentially carry students themselves during an evacuation.

So I ask the minister: Are there descent devices in all of our provincial schools that require them and, if so, can they be used independently?

MR. SPEAKER: The hon. the Minister of Government Services.

SOME HON. MEMBERS: Hear, hear!

MR. O'BRIEN: Mr. Speaker, I am not aware of any such devices being needed in any of the schools and that a student would need one. I know that some of the schools across the Province have those devices in place. They are operational. There are proper instructions in regard to their use. The particular student themselves can use them by themselves. They are designed that way.

So, in each and every one of the schools I believe that they are working properly and they are inspected properly.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of The Straits &White Bay North.

MR. DEAN: Thank you, Mr. Speaker.

I ask the minister: When new school buildings are being planned for and constructed in our Province, is there a requirement that they have areas of refuge and descent devices for students with disabilities?

MR. SPEAKER: The hon. the Minister of Government Services.

SOME HON. MEMBERS: Hear, hear!

MR. O'BRIEN: Yes, Mr. Speaker.

In that process in regard to design of schools, new schools to be built, Government Services, from a safety aspect, occupational health and safety aspect, are heavily involved in the development of any plan in regard to a new school development. All safety aspects are taken into account in regard to development of that particular piece of work, and we consult heavily with the consultants who are assigned to those schools and to school boards themselves.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of The Straits & White Bay North.

MR. DEAN: Thank you, Mr. Speaker.

Mr. Speaker, back in 2007, the government committed in their Blue Book to implementing a ten-year early learning and child care strategy. However, we have not heard anything regarding targets, timelines or consultations being conducted until this commitment was re-announced during the 2010 Throne Speech.

So I ask the minister: What is the status of this strategy, when will consultations take place, and when can we expect to see the results?

MR. SPEAKER: The hon. the Minister of Child, Youth and Family Services and Government House Leader.

SOME HON. MEMBERS: Hear, hear!

MS BURKE: Thank you, Mr. Speaker.

In this year's Budget, we announced, certainly, that there would be a strategy developed for early learning, developed by the Department of Education. Part of the development of that strategy will involve consultation across Newfoundland and Labrador so that we can have input from the general public, as well as the stakeholders, regarding what we need in Newfoundland and Labrador to have an effective early learning strategy for the preschoolers in this Province.

I do not know the timelines right now of the consultation, but they will be happening within the next couple of months. Once the consultation is completed, the strategy will be developed, will be approved by government, and certainly will feed into the budget process of government.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of The Straits & White Bay North.

MR. DEAN: Thank you, Mr. Speaker.

Mr. Speaker, earlier this year, I raised the issue of the chronic shortage of long-term care beds on the Northern Peninsula. People are waiting for months and months for a bed within the John M. Gray facility in St. Anthony. Many people are occupying hospital beds for up to a year waiting for long-term beds to become available. This is unacceptable.

I ask the minister: What are his plans to address the chronic shortage of long-term care beds on the Northern Peninsula?

MR. SPEAKER: The hon. the Minister of Health and Community Services.

SOME HON. MEMBERS: Hear, hear!

MR. KENNEDY: Yes, thank you, Mr. Speaker.

What we have planned to do is address the issue of long-term care beds in the Province as a whole, Mr. Speaker. This government has invested heavily in long-term care: over $200 million, Mr. Speaker, over the last period of time; $110 million in new infrastructure. We have seen a beautiful facility open up in Corner Brook recently. The Happy Valley-Goose Bay facility will be opening soon. We have announced a facility to replace Hoyles-Escasoni here in St. John's. I announced the Carbonear facility and, Mr. Speaker, just recently turned the sod in Lewisporte.

What we are looking at, Mr. Speaker, is how best to suit the needs of all the residents of this Province, and that is what we will continue to do. As I have indicated on numerous occasions, we are in the process of developing the long-term care strategy. We will engage in consultations in the not-too-distant future, Mr. Speaker. We will listen to the stakeholders, hear what they have to say, and then come up with a plan that addresses the needs of all of the people of this Province.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of The Straits & White Bay North.

MR. DEAN: Mr. Speaker, my understanding is that there are no additional beds in the investments that the minister just mentioned, in the different areas of the Province, and I am not sure if we are planning on having our seniors occupy homes in the Carbonear or St. John's area from the Northern Peninsula or not, but I would like to know specifically what is being done to address the chronic shortage of long-term care beds, specifically on the Northern Peninsula.

MR. SPEAKER: The hon. the Minister of Health and Community Services.

SOME HON. MEMBERS: Hear, hear!

MR. KENNEDY: Yes, thank you, Mr. Speaker.

Mr. Speaker, as Minister of Health and Community Services I look at, again, as I have indicated, all areas of the Province. What we have to do is ensure that there are facilities available throughout the Province. As a government we are doing that.

Mr. Speaker, besides $110 million in infrastructure that we have invested over the last number of years, we have also put $103 million in home support wages and personal care homes. As I have indicated on a number of occasions, Mr. Speaker, we have invested $38.5 million since 2005-2006 to increase home support hourly subsidy wages. Since 2004, Mr. Speaker, government has increased personal care home subsidy rates from $1,172 to $1,717 – an increase, Mr. Speaker, of $584 per month.

What we are doing, Mr. Speaker, we are looking at how we can utilize all the resources we have at our disposal, and that will include community care homes, independent living, how we can work with seniors' groups, Mr. Speaker, and continue to build long-term care facilities, and we are doing that.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Opposition House Leader.

MR. KELVIN PARSONS: Mr. Speaker, with regard to the long-term care issues, the need for long-term care is a concern for all areas of the Province. Just this week we heard of issues regarding a lack of beds in the Clarenville region in a newly built facility.

Newfoundlanders and Labradorians, of course, are aging faster than any other region of Canada. This government publicly announced their long-term care strategy in February 2008 – nearly two years ago – and it is still not complete. The minister referenced it again today.

I wonder if the minister can give us a better idea of some timeline as to the long-term care strategy, since we are already two years in and we still do not know. Today he is referencing having more consultations of stakeholders. When can we expect to see something?

MR. SPEAKER: The hon. the Minister of Health and Community Services.

SOME HON. MEMBERS: Hear, hear!

MR. KENNEDY: Thank you, Mr. Speaker.

This is all about providing the best possible care we can to our seniors, to ensure that in their latter years they are treated with the dignity and the respect that they deserve, and that is what we are doing.

Mr. Speaker, I announced in the sitting of the House this fall that we were reworking the strategy, and that there was a dedicated team in my department which was looking at all of the demographics and the cost. Mr. Speaker, we know, for example, by the time we get to 2021, that 22 per cent of our population could be over age sixty-five. We know, for example, that we currently have 2,500 long-term care beds; we may need another 900. So we have to look at innovative and creative ways to deal with this situation. One of the ways this government is doing it is, for example, with our age-friendly grants putting money out into the communities, ensuring our seniors can stay healthy, that they can socialize, that they can walk and exercise, Mr. Speaker. By keeping them in the community, keeping in their homes, we are thereby going to decrease the need for long-term care facilities.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Opposition House Leader.

MR. KELVIN PARSONS: Mr. Speaker, in questioning last week and again today, the minister indicated that they are aggressively attempting to put the long-term care strategy in place. The Personal Care Home Association of Newfoundland and Labrador has been trying to get a meeting with this minister since he assumed the role back in October, but they have been unable to obtain a meeting. No one from the department has contacted that association, or any of their members, regarding this strategy.

I ask the minister: Will you commit to a meeting with the Personal Care Home Association of Newfoundland and Labrador as part of developing this long-term care strategy?

MR. SPEAKER: The hon. the Minister of Health and Community Services.

SOME HON. MEMBERS: Hear, hear!

MR. KENNEDY: Thank you, Mr. Speaker.

I have not met with the smaller personal care home operators; nor have I met with the larger personal care home operators. Mr. Speaker, the statistics are actually somewhat staggering when we look at these small personal care homes with less than twenty residents. There are almost half of them with 40 per cent vacancy rates.

The reality, Mr. Speaker, it is not the government or anything that we have done that is failing to contribute to their success; it is their lack of a good business plan. One of the personal care homes we keep hearing about, Mr. Speaker, has a 64 per cent vacancy rate. In this day and age, how can you maintain a business with that kind of a vacancy rate?

Mr. Speaker, when I look at vacancy rates of 73 per cent, 75 per cent, 64 per cent, 80 per cent, 55 per cent, the reality is that these smaller personal care homes, as a result of changing times, as a result of the onset of the larger personal care homes, which apparently offer very good services, that is where the difficulty arises - nothing to do with this government.

This group will have the opportunity to attend the long-term care and community support strategy consultations, like everyone else.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of Port de Grave.

MR. BUTLER: Mr. Speaker, another tourism season is upon us and we are no closer to knowing what government's plans are for the Fort Amherst fortification that is falling into a state of disrepair. Last May, the former Minister of Tourism said that he would provide an update on government's actions to protect this site; yet, no update was ever given.

I ask the minister: Does government have any plans to protect this site from further decay, and has there been any discussion on making Fort Amherst a Provincial Historic Site?

MR. SPEAKER: The hon. the Minister of Fisheries and Aquaculture.

SOME HON. MEMBERS: Hear, hear!

MR. JACKMAN: Mr. Speaker, unfortunately, I cannot give the hon. member an update but I certainly will relay it to the minister and we will certainly get the information to him.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of Signal Hill-Quidi Vidi.

MS MICHAEL: Thank you very much, Mr. Speaker.

Mr. Speaker, it has been reported in the media this week that the former Minister of Health and Community Services, now the Minister of Business, has said that the Department of Heath and Community Services will be starting consultations this fall on a long-term strategy for home care and long-term care. The Minister of Health, this afternoon, said that he will be doing consultations. We have been getting this promise for over two years, that we were going to get a long-term and home care plan from this government, so indeed I ask the Minister of Health and Community Services now: Is this consultation process really going to begin in the fall, as has been said by the former minister?

MR. SPEAKER: The hon. the Minister of Health and Community Services.

SOME HON. MEMBERS: Hear, hear!

MR. KENNEDY: Thank you, Mr. Speaker.

We are in the process of planning the consultations. I actually hope that they will begin sooner than expected, and that we could potentially begin these long-term care consultations this summer. Mr. Speaker, these matters will be - we will go to various communities around the Province. We will hear from the different stakeholders. We will hear from seniors' groups. We will hear from operators of personal care homes. We will hear from anyone who has an indication of how we should deal with this. We are open to discussions, Mr. Speaker.

We are aware that we have to look at new ways of doing business, and we have to try to keep our seniors as healthy as possible. So, Mr. Speaker, what we have to do to keep them in their homes is certainly something we will look at. We have to look at independent living, community care living. There is a whole plethora of issues that have to be examined, Mr. Speaker, and I am hoping, actually, that we will be able to engage in that process this summer.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of Signal Hill-Quidi Vidi.

MS MICHAEL: Thank you very much, Mr. Speaker.

Mr. Speaker, a fully-based community-based home care system is really urgent for the people who need care in this Province, and the minister has put out quite a number of ideas of things that he thinks could be possibly in place. So the government does not have to reinvent the wheel on this one. It can look at what is happening in other places, in other jurisdictions, with other Departments of Health and health care systems.

I ask the minister, Mr. Speaker: Is his department putting together a consultation document that can be released, or are they actually starting from scratch when they hold these consultations?

MR. SPEAKER: The hon. the Minister of Health and Community Services.

SOME HON. MEMBERS: Hear, hear!

MR. KENNEDY: Mr. Speaker, there has been some great work done in the Department of Health and Community Services over the last number of years in relation to this long-term care strategy and there has been excellent work done by the team that has been put together over the last five or six months. We have done some financial modelling, Mr. Speaker, we have looked at the demographic, we have looked at where we could be in 2021, for example, in terms of the Stats Canada numbers. What we are doing is we are going to outline in a document, hopefully the vision, the mission and the principles, and seek people's input.

So, yes, in answer to the question, once we engage in the consultations, there will be a consultation document. We will try to set it up so that it can be done either orally - there will be some roundtables, Mr. Speaker, with me, other MHAs will be involved, and also we will invite all written proposals or written documents that anyone wishes to provide to us. We are very open to hearing what people have to say.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of Signal Hill-Quidi Vidi.

MS MICHAEL: Thank you very much, Mr. Speaker.

I look forward to receiving this information from the minister when the time comes.

Mr. Speaker, this government must complete our health care system by filling in the missing home care piece. I think the minister is aware of that. It is essential for effective patient care. The patient flow study released by Eastern Health in March stated very succinctly that a lack of community-based resources to provide home care services are affecting the organization's ability to discharge patients. Mr. Speaker, we have been hearing promises in this House now for two and a half years with regard to a plan for long-term care.

I am asking the minister: How long is this process going to take? Will we be waiting for another two years in this House to get something on the table?

MR. SPEAKER: The hon. the Minister of Health and Community Services.

SOME HON. MEMBERS: Hear, hear!

MR. KENNEDY: Thank you, Mr. Speaker.

I will go back to my comments in the fall when I said that we would do this and we would do it right. We are proceeding logically. We are organized in terms of where we are going, and we have assigned a team that has looked at all of the finances and the demographics. I am not simply hauling numbers out of my hat today in outlining the vacancies in personal care homes. This is the kind of information that has been put together for us, Mr. Speaker.

What we will do is, we will do the consultation process and then the disabilities office is doing some consultations this fall. We will see what comes out of their consultations also. We will then proceed to put a strategy in place, Mr. Speaker – but the strategy is very important because of the aging demographic and the size of our Province. A lot of our rural citizens are our senior citizens, and we will look after them by providing the care and service that they demand, Mr. Speaker, in their latter years, as I have indicated, and we will treat them with dignity and respect.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The time allotted for questions and answers has expired.

Presenting Reports by Standing and Select Committees.

Tabling of Documents.

Tabling of Documents

MR. SPEAKER: The hon. the Government House Leader and Minister of Child, Youth and Family Services.

MS BURKE: Mr. Speaker, I am tabling the Report of the Minister's Advisory Committee in accordance with section 75.(6) of the Child, Youth and Family Services Act.

MR. SPEAKER: Further tabling of documents?

The hon. the Minister of Human Resources, Labour and Employment.

MS SULLIVAN: Thank you, Mr. Speaker.

Mr. Speaker, I am pleased to stand today in accordance with the requirements of the Transparency and Accountability Act, 2006, to table the Provincial Advisory Council for the Inclusion of Persons with Disabilities' transitional activity plan which covers the activities of the council for the fiscal year 2010-2011.

MR. SPEAKER: Further tabling of documents?

Notices of Motion.

Answers to Questions for which Notice has been Given.

Petitions.

Orders of the Day.

Orders of the Day

MR. SPEAKER: The hon. the Government House Leader.

MS BURKE: Mr. Speaker, we will do the third readings on the Order Paper to begin this afternoon.

So with that, Mr. Speaker, I move, seconded by the hon. the Minister of Finance and President of Treasury Board, that Bill 3, An Act To Amend The Income Tax Act, 2000, be now read a third time.

MR. SPEAKER: Is it the pleasure of the House to adopt the motion that Bill 3, An Act To Amend The Income Tax Act, 2000, be now read a third time?

All those in favour, ‘aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, ‘nay'.

The motion is carried.

CLERK: A bill, An Act To Amend The Income Tax Act, 2000. (Bill 3)

MR. SPEAKER: Bill 3 has now been read a third time and it is ordered that the bill do pass and that its title be as on the Order Paper.

On motion, a bill, "An Act To Amend The Income Tax Act, 2000", read a third time, ordered passed and its title be as on the Order Paper. (Bill 3)

MR. SPEAKER: The hon. the Government House Leader.

MS BURKE: Mr. Speaker, I move, seconded by the hon. the Minister of Finance and President of Treasury Board, that Bill 9, An Act To Amend The Income Tax Act, 2000 No. 2, be now read a third time.

MR. SPEAKER: Is it the pleasure of the House to adopt the motion that Bill 9, An Act To Amend The Income Tax Act, 2000 No. 2, be now read a third time?

All those in favour, ‘aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, ‘nay'.

The motion is carried.

CLERK: A bill, An Act To Amend The Income Tax Act, 2000 No. 2. (Bill 9)

MR. SPEAKER: Bill 9 has now been read a third time and it is ordered that the bill do pass and that its title be as on the Order Paper.

On motion, a bill, "An Act To Amend The Income Tax Act, 2000 No. 2", read a third time, ordered passed and its title be as on the Order Paper. (Bill 9)

MR. SPEAKER: The hon. the Government House Leader.

MS BURKE: Mr. Speaker, I move, seconded by the hon. the Minister of Finance and President of Treasury Board, that Bill 22, An Act To Amend The Portability Of Pensions Act, be now read a third time.

MR. SPEAKER: Is it the pleasure of the House to adopt the motion that Bill 22, An Act To Amend The Portability Of Pensions Act, be now read a third time?

All those in favour, ‘aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, ‘nay'.

The motion is carried.

CLERK: A bill, An Act To Amend The Portability Of Pensions Act. (Bill 22)

MR. SPEAKER: Bill 22 has now been read a third time and it is ordered that the bill do pass and that its title be as on the Order Paper.

On motion, a bill, "An Act To Amend The Portability Of Pensions Act", read a third time, ordered passed and its title be as on the Order Paper. (Bill 22)

MR. SPEAKER: The hon. the Government House Leader.

MS BURKE: Mr. Speaker, Motion 1.

MR. SPEAKER: The House is now ready to hear debate on Motion 1.

The hon. the Minister of Justice and Attorney General.

SOME HON. MEMBERS: Hear, hear!

MR. F. COLLINS: Thank you, Mr. Speaker.

Mr. Speaker, I look for direction here. Is this motion moved – is this motion to be moved and seconded?

MR. SPEAKER: Yes, I say to the hon. the Minister of Justice and Attorney General.

MR. F. COLLINS: I move, Mr. Speaker, the following motion, and seconded by my colleague the hon. Minister of Finance and President of Treasury Board:

"WHEREAS section 42.1 of the Access to Information and Protection of Privacy Act provides that the Information and Privacy Commissioner is to be appointed by the Lieutenant-Governor in Council on a resolution of the House of Assembly;

NOW THERFORE BE IT RESOLVED that Mr. Ed Ring, be reappointed as the Information and Privacy Commissioner for a term of 2 years."

Mr. Speaker, I am delighted today to speak in support of this motion. As is pointed out in the motion, the Access to Information and Protection of Privacy Act provides for the appointment of the Privacy Commissioner and under section 42.1 of that act, the term of appointment is for two years.

Mr. Speaker, Mr. Ring who was appointed in an acting capacity back on December 18, 2007 and was confirmed in this House of Assembly four months later on April 10, 2008. When Mr. Ring was appointed, Mr. Speaker, and first confirmed in this House of Assembly in 2008, it was stated by members of the House at that time that Mr. Ring - and I repeat the same discussion today, Mr. Ring had a long and distinguished career in the Canadian Armed Forces spanning thirty-four years serving in both the regular and the reserve components. He began his service in 1969. He was commissioned in 1973 under the regular officer training plan. He graduated from Memorial University in 1973 and was posted to his first unit at the Canadian Forces Base in Gagetown, New Brunswick.

He went on to serve, Mr. Speaker, in a number of provinces in Canada and also in England, South Wales and West Germany. In 2001, he was appointed as Deputy Commander of the Land Force Atlantic Area and then promoted to the rank of Brigadier General. Mr. Speaker, he has had a long and distinguished career in Canada's military, having retired from there in 2003.

He transferred to the reserve component, Mr. Speaker, and at that time began employment with the Government of Newfoundland and Labrador in 1992 and served as the Director of Policing Services with the Department of Justice for four years. Subsequently, he move to the Public Service Commission, 1997, and initially worked as a staffing officer. From 2002-2007, a Director of the Appeal and Investigation Division. He is a graduate of Memorial University, having graduated with a Bachelor of Physical Education.

During his military career, he received training in investigations, judicial and quasi-judicial functions, and having a long, distinguished career, both with this government and in the military, he was at that time very well suited for this appointment. At the time, Mr. Speaker, the Premier said, and I quote, "During his career with the Provincial Government and previously during his very successful military career, Mr. Ring acquired a depth of experience, knowledge and skill sets that will serve the public service well in his new position."

Mr. Speaker, at the time, the Opposition House Leader, who is still in that role today stated, and I quote, "…he is a gentleman beyond reproach, a person who does not only have the intellectual capacity to do this job but also has the ethical, the moral capacity to do it, to be absolutely independent, and I certainly have had no suggestion, intimation whatsoever, that this individual being put forth by government is not the right person. In fact, anything I have heard is that he is the right person.

"Unless you have some very good grounds to disagree, my approach to life is, you should agree; you should not just disagree for the sake of disagreeing. Anything I know of, or have heard of, this gentleman has been nothing but top shelf… Based on that, Mr. Speaker, I certainly, and the Opposition certainly, will be supporting the government resolution for the appointment of Mr. Ed Ring as the Information and Privacy Commissioner."

At the time, the Leader of the NDP stated, in part, "I am sure government has made a really good appointment, and I am really happy to support it…" and "…I am very pleased to ratify the appointment of Mr. Edward Ring."

Mr. Speaker, hopefully the parties will see fit to do that same thing today in support of this motion.

Mr. Ring has now served at the helm of the Office of the Information and Privacy Commission, Mr. Speaker, since December 2007, for a period of two-and-a-half years. He has dealt with many reviews, complaints and investigations pursuant to the ATIPP Act, and issued many reports which are a matter of public record, accessible to everyone.

Now, Mr. Speaker, I know the Opposition will dwell on the that the Department of Justice and the Office of the Information and Privacy Commissioner has had their differences of opinion over the release of certain information under ATIPP; however, it is prudent, I think, to point out that ATIPP does not provide a blanket disclosure of information, there are provisions in ATIPP that require certain information cannot be released. Mr. Speaker, the Liberals brought in that act, or did not bring in that act, but they initiated that act, never proclaimed it. This was a provision that we have lived with since we proclaimed it; yet, they continue to criticize us for doing that.

Mr. Speaker, the difference of opinion between the department and the Privacy Commission has really been one of difference of interpretation and never considered to be interference in any way with the Privacy Office. It was all about different interpretations of the act. When that happens, Mr. Speaker, you go to the authorities to get the proper interpretation and that is what we have done. In this case, we went to the courts to get the proper interpretation of the act and that is what happened. These court decisions, Mr. Speaker, will inform the review that is currently underway by Mr. Cummings, and we certainly welcome his report.

Mr. Speaker, the Office of the Information and Privacy Commissioner is doing a good job and is very busy; a sign that the process is working.

As I mentioned, Mr. Speaker, the members of the Official Opposition like to take credit for the Access to Information and Protection of Privacy Act and they say they created the act in 2002, before the government changed. Mr. Speaker, the history of ATIPP is a little bit different than that. First of all, it was this party, the PC Party, which proposed reforms to this act in the general elections of 1999. The Liberals at that time, under Premier Grimes, appropriated many of the Tory policies and this was one of them.

Now, they appropriated others that they did not follow through on. They said they would, but they did not, including: establishing the Child and Youth Advocate, which they never followed up on; reinstating the Office of the Citizens' Rep, which they did not follow up on; reforming student aid, which they did not follow up on; raising the minimum wage that they did not follow up on; cutting the pay roll tax that they did not follow up on; and I will just put in an et cetera after that one.

Mr. Speaker, the Liberals brought forward the ATIPP legislation which we sought to strengthen through the amendments in 2002, and the legislation passed at that time, but they refused to proclaim the legislation into law. They refused to live by the new law and they forced everyone in the Province to abide by the old law. So they can hardly take credit for putting the reform into effect. It is all a bit of window dressing and it was this government who proclaimed the law and gave it effect. That is exactly what we did in 2005. Mr. Speaker, that makes this government the most open, accountable and transparent government in the history of the Province.

SOME HON. MEMBERS: Hear, hear!

AN HON. MEMBER: By definition!

MR. F. COLLINS: My hon. colleague says by definition – absolutely, Mr. Speaker.

SOME HON. MEMBERS: Oh, oh!

MR. SPEAKER (Kelly): Order, please!

I remind all hon. members that the hon. Minister of Justice does indeed have the floor and I ask all hon. members for their decorum.

Thank you.

MR. F. COLLINS: Thank you, Mr. Speaker.

The public, Mr. Speaker, is certainly taking advantage of their right to access this information. The ATIPP annual report 2005-2006, for example, indicated there 426 requests for information under this act. April 1, 2006 to March 1, 2007, there 376 requests and from April 1, 2007 to March 31, 2008, there were 463 requests for information under the act.

Mr. Speaker, the question arises: How are we performing with respect to other jurisdictions? An independent report released just six weeks ago indicates we are doing very well indeed. The 2009-2010 National Freedom of Information Audit was released on May 12, 2010 by a Canadian Newspaper Association and is accessible on-line. The independent annual report is a highly regarded review of federal, provincial and municipal governments. It is among the most positive indicators that the ATIPP process is working effectively.

Each year the CNA releases an audit of responses to Freedom of Information requests made to provinces, to the federal government, to municipalities, and this year they included universities. The CNA requests information from all provincial governments in Canada related to the use of cellphones by transportation departments, receipts and reimbursements of Premiers or designates to attend the 2009 annual Premiers' meeting in Regina, electronic lists of Freedom of Information requests received by justice departments, H1N1 communication materials and education departments' plans for dealing with H1N1. They are audited and assigned letter grades on a point system based upon responses of these requests, including the type of disclosure, the length of time to respond and the fee estimates provided by the respondents. The report, Mr. Speaker, examined response times and reported that this Province was the third best in the country, relative to all other provinces, territories and the federal government.

Comprised in our Province, Mr. Speaker, was 93 per cent compared with 77 per cent in Quebec, 50 per cent in Ottawa, 44 per cent in Nova Scotia and 33 per cent in New Brunswick. The results, Mr. Speaker, are impressive. The report compared information release with release denials for all jurisdictions. On this measure our Province was second best in the country with a release compliance of 73 per cent compared with 46 per cent for Ottawa, 44 per cent in Ontario, 38 per cent in Quebec and Nova Scotia, and 14 per cent in New Brunswick; again, impressive statistics.

In the final analysis, Mr. Speaker, our Province was assigned a letter grade of B- compared with a C+ for Nova Scotia, P.E.I, and Alberta; C for New Brunswick; B+ for Ontario and B.C.; and that placed us fourth in the country.

Mr. Speaker, B- also reflects a better performance on the federal Finance Department which was a C+. Canada Post, Transport Canada and the Privy Council Office, Indian and Northern Affairs, and the CBC, C-. Environment Canada, D+; Health Canada, D; and National Defence, D-. So we are doing pretty good, Mr. Speaker, in comparison to other jurisdictions across the country.

AN HON. MEMBER: An independent analysis.

MR. F. COLLINS: An independent analysis. As I pointed out at that particular time, Mr. Speaker, a grade of B- from the Canadian Newspaper Association further demonstrates that the Government of Newfoundland and Labrador is open and accountable to the people of our Province. The provincial government ranked high in disclosure of requests of the auditors, and as well, Mr. Speaker, ranked second best among the provinces in responding within the nationally accepted period of thirty days to Freedom of Information requests.

Mr. Speaker, these figures incidentally with the CNA report are very consistent with our own figures. Our figures show that over 90 per cent of requests are responded to within the time guidelines. As a matter of fact, for personal information it is up to 96 per cent. Seventy-six percent of the requests, Mr. Speaker, get partial or total disclosure, 76 per cent. Only 8 per cent, Mr. Speaker, are denied. These are pretty fair figures and show the activity of the Office of the Privacy Commissioner.

I also pointed out yesterday, Mr. Speaker, in this House that our government has a strong record of openness and accountability and includes establishing this office in the first place, and also introducing the House of Assembly Accountability, Integrity and Administration Act, the Lobbyist Registration Act, the Transparency and Accountability Act. Our government is committed, Mr. Speaker, in acting in the best interests of the people of Newfoundland and Labrador, and that includes ensuring open and timely access to information which they request.

Mr. Speaker, section 74 of the ATIPP legislation that we proclaimed states as follows, "After the expiration of not more than 5 years after the coming into force of this Act or part of it and every 5 years thereafter, the minister responsible for this Act shall refer it to a committee for the purpose of undertaking a comprehensive review of the provisions and operation of this Act or part of it."

In other words, Mr. Speaker, this is a work that is always in progress and our government is committed to learning from our experience and making the act function even better as we apply these lessons. As a result, Mr. Speaker, on March 17, 2010 I announced that John Cummings, Q.C. has been appointed to conduct a statutory review of this act. I stated at the time, that Mr. Cummings will hold consultation sessions throughout Newfoundland and Labrador and provide the opportunity for both public and written submissions. I encourage everyone, Mr. Speaker, no matter if they avail of the legislation or not, to attend these sessions, provide input or simply learn more about this important legislation. Mr. Speaker, these sessions are ongoing as we speak and a number of them have already been held.

I also said at that time, Mr. Speaker, that the Access to Information and Protection of Privacy Act is important legislation for our Province, and this audit clearly indicates that this legislation is working for the people of Newfoundland and Labrador. I look forward to the submissions of the public and to receiving the final report of Commissioner Cummings and his recommendations pertaining to this legislation.

Mr. Speaker, I might also point out that the news of this review was received very positively by the office of the Privacy Commissioner.

Mr. Speaker, I want to ask all members in this House today to support this motion to reappoint Mr. Ring to this position for the term of two years.

Thank you, Mr. Speaker.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The Chair recognizes the hon. the Opposition House Leader.

MR. KELVIN PARSONS: Thank you, Mr. Speaker.

I take this opportunity to have a few words with regard to this resolution. As far as I know – I am not speaking for all of my colleagues, but certainly from this particular member. I have not changed my opinion regarding the individual in question since I first made it. I felt, and knowing that gentleman back at that time, that he was – the words I used, I believe the minister repeated today: top shelf. I thought he was top shelf then and I still think he is top shelf today. So I certainly will be voting in support of this resolution.

That is with regard to the resolution. Now, the minister of course had some words to say about the act itself. Now in that case, as Sir Winston Churchill said, I would submit that the minister is guilty of some "terminological inexactitudes" in the comments that he just made. I will take an opportunity to elaborate on some of those.

First of all, he talked about this government bringing in this legislation as if it was a great and noble thing that they did. Mr. Speaker, the truth is that the Freedom of Information legislation was overhauled after twenty years. The first one came into inception back in the Peckford days. It existed for twenty years and finally, it was under the Grimes Administration that the overhaul took place. So the minister cannot take credit, certainly, for what happened after twenty years to overhaul. That was the Liberal Administration that did that.

The minister talked about proclaiming it as if that was the big, important act. Mr. Speaker, there is one reason why the act was not fully proclaimed at the time that it was passed, and it was a very simple reason. The minister knows full well what that reason is. The reason was that the new legislation included a major piece on privacy. Everybody knew from the day that ATIPPA was debated in this House that the act was not going to be fully implemented the day that it was passed here because there had to be educational systems, there had to lead time in order for agencies that had never, ever before been covered by ATIPPA to get up to steam, and secondly, to put the proper safeguards in place with regard to the privacy piece. So, that is the reason why it was not proclaimed.

The government passed it knowing it was not going to be proclaimed fully at that time. The government changed, of course, in 2003 and then subsequently this government made the proclamation of it once the privacy piece was looked after and was prepared to go. When I refer to agencies, for example, that have never been covered before, we had, for example, all of the health care institutions. We had all of the school boards that became covered. They were not used to having to deal with Freedom of Information type requests as governments were. So that is why it took a period of time to allow those agencies to familiarize themselves with the new law and put the proper mechanisms in place so that they could use it.

This is not an issue of Mr. Ring, as we say. I felt back then he was top shelf and still feel the same. The problem we had, Mr. Speaker, is how the government has utilized or failed to utilize the Freedom of Information laws that we do have. Now the minister gave glowing comments about how he rates him - and by the way, how government rates him. That is pretty good when you are the person who ATIPPA most often applies to and you are the person giving us the statistics to say: oh, we are good. Well, I beg to pardon the minister, but a lot of people do not put great reliance in some of the statistics that the government might give them.

I am going to give a few examples of where it has not worked for the benefit of the public that it is intended for and government have been very, very secretive – there is no other word to use. You talk about open and accountable; the word that comes to mind is secretive. I will give you an example - and deceptive, there is no question about it. I will give some examples of how that happens.

By the way, we do welcome as well the appointment and review of Mr. Cummings. Mr. Cummings was the deputy minister back at the time that we appointed the initial review committee. So he is a very apt person to do the review now. He was in the Department of Justice as the deputy minister. I think he came there in November of 2000, and in December of 2000 when the committee was struck to do the review, he was the deputy minister at the time.

That committee, by the way, consisted of some pretty reliable people. We had an individual by the name of Joan Dawe, who was the chairperson of it; we had a lady named Siobhan Coady who has since become, of course, the MP for one of the districts here in the city; and Dr. Len Williams, who was a noted educator at Memorial University. That is who brought the legislation, did the review of the old law and brought forward the suggestions and the consultations so that the government of the day 2000 could put together the new ATIPP Act that subsequently came about.

Now, we knew at the time as well that it was not going to be the be-all and end-all, because a lot of the things that were put into it had never been there before, and that is why we knew it was going to take a certain period of time to see how it worked. I am not just referring to the privacy piece and so on; I am talking about the fact that we even had a commissioner who was dedicated - a commissioner, for example, who could actually make at least recommendations.

Now we found, of course, since that, that the act does not have enough teeth. Mr. Ring can only do and work with the tools that he has. You cannot ask him to go above and beyond the authority that is already in the act. That is where the problem lies, not in the person who is the commissioner. He can only do - and he has tried on some occasions, by the way; he has tried to test it, and we have had a couple of decisions out of the Supreme Court of Newfoundland which basically says unless the Legislature changes the act, he cannot do it. That is the law of this land, now, based on two decisions that came down in this Province within the last number of months. So it is not a case of Mr. Ring is not the right person for the job; he is very much the right person for the job. The problem is you need the tools to do the job. As the courts have said, there are certain things they cannot order you because the legislation does not permit, and courts can only - they cannot impose their own laws. They cannot make the laws. They can only say these are the laws, this is how we interpret them, and this is how we apply them. We have had two cases which basically said: Mr. Ring, you are limited to do that.

Unless the Legislature changes those laws, we are going to find ourselves forever and a day stymied when it comes to true openness and true accountability. Now, I will just give you a few examples of openness and accountability. The Marshall report - the Opposition, for example, that is where we have most of the experience, because we are the Opposition, when it comes to ATIPP. Lots of other people in the Province have had their experiences, but we can only speak for our own experiences in the Opposition Office. We had the case of Mr. Bill Marshall, who the Premier appointed to do a report on the inland fisheries on the West Coast four years ago - still waiting for the final report. We went to the Premier's office and tried to get the information. We had to scratch tooth and nail to get anything. They were not going to give anything. Finally, you get a few pages mostly blacked out – mostly blacked out. Then, of course, you go back and the commissioner recommends that some more be released, so finally you get a little bit more released.

That has been the process, Mr. Speaker, for the whole while when it came to the Marshall reports. We still do not have, to this day – I raised questions in this House in this session: Where are the final Marshall reports on a number of things that he was supposed to do – one on the inland waters and one concerning the prosecution in the Province? We, to this day, have not heard anything from him. That is okay. That is called openness and accountability. We asked the man to do it; he has not reported in four years, so that is okay. We are open and accountable.

I think open and accountable implies that at least he is either going to do the job or not do the job. After four years he should have it done, or maybe government should consider getting someone else to do it, or else say we are never going to get it done; but, don't do it under the guise that we are open and accountable when we do not even have the report.

Also, of course, the limitations on Mr. Ring, the commissioner, when it comes to having the resources to take matters to court: he can, for example, go to court, but the very people who decide how much money he is going to have – the government – they are the ones who give him the resources. So he can't take ten cases to court against the government if he only has the funding, the financial resources, to take one or two. He just cannot do it. So we have limited him there when it comes to having sufficient resources to do the job that he wants to do. So, again, he can be as well-intentioned as he likes; if you do not have the money to take the government to court, what is the point of having it in the law that you can take them to court?

Now, we have also had cases - I talked, Mr. Speaker, about the blackened-out notes and it got to be a bit of a joke, Mr. Speaker, in this House when we applied at one point to the Department of Environment for a Freedom of Information request and got back a sheet of paper that was nothing but blacked out. Now, that is your open and accountable government. This is their response to an FOI request that we made. Now, that is some open. They said: Yes, we are no doubt open and accountable, Mr. Speaker; we gave you a sheet of paper saying we are the Department of Environment and Conservation, and everything else is blacked out with a blackout machine. Redacted, they call it. Now, that is the open government.

Like they say, a picture is worth a thousand words. The minister can get up and talk all he wants about open and accountable; I think that little demonstration showed exactly what this government is about. By the way, that is only one. We have had the same thing from the Department of Labrador Affairs, from the Minister of Labrador Affairs. That is open and accountable. People will judge that. You can keep your own statistics as to how open you are, but people just need to see these examples and they know. By the way, the media of the Province know. You go back in 2003, no big questions asked in the media because they said: Okay, a lot of this stuff is not proclaimed.

That is the other big party or stakeholder that often uses the Access to Information legislation. It is usually the Opposition parties or it is the media. Now, private individuals use it as well, but I would think the two biggest persons who make use of the ATIPPA legislation would be the Opposition parties and the media, and we can certainly see the turnabout when it comes to the media - usually around 2006, but certainly since 2009. If you go back and check the editorials, for example, in The Telegram, I would say in the last two years you can find at least a dozen editorials in The Telegram talking about where this government is not open and not accountable. Now, that is not Opposition parties saying that. I do not have any control over the publishers or the editors of The Telegram, Mr. Wangersky, or whoever else, but I have read his articles. He seems to have a major problem.

Now, I could see if it was just the Opposition parties up spouting off and saying, oh, the government is not open and accountable. They are going to say that is just politics – but that is not me saying that in the articles; that is respected newspaper people in this Province who say that. The Western Star, the same thing. You see it in the Robinson-Blackmore newspapers around the Province.

Now, the minister might want to whistle past the graveyard and say we have our statistics where everything is okay. That is fine. I expect them to do that, and get up and say: We are great; we got a ninety on that score.

That is good when you are your own scorekeeper. You are playing a game and there is nobody else on the ice. You are playing a game, there is nobody else on the ice, and you say we are going to win this game. Absolutely right, you are going to win the game, because you are keeping the score yourself. I would not even play 120's like that. Usually you have somebody who is credible to be the scorekeeper.

Well, Mr. Speaker, we had lots of requests, for example, when we went to get information on Conception Bay North, and what was happening up there in terms of the construction of long-term care facilities. We went after the Minister of Health repeatedly. Time delays, blackouts, redactions, that is open and accountable. We went after information on the Long Island Causeway, almost a year, one year almost to the day, to get the information - one year. Now, that is under a system that is supposed to take you thirty days. That is open and accountable. Put that one in amongst your statistics.

We went after environment again for a greenhouse gas report. Repeated delays, excuses why we could not give you the information. Air ambulance information, could not get it, tried as much as we could, we could not get the information. That is just a few.

We did manage, there was one, we went after some information on the Premier's appointee, and we call him Dr. Feelgood. We got a whole pile of information on him. The Telegram got it too, of course. We saw what was involved there in terms of expenses. That is why, of course, you need to get some of this information because not everything that government tells you is exactly what they tell you. You know what they say sometimes, you believe nothing you hear, nothing you read, nothing you see and you take it with a grain of salt. That is why you need something like the ATIPP legislation, or the FOI legislation, Freedom of Information. You need the Freedom of Information to make sure that what the government is telling you is true, that it is accurate and that it is correct. Quite often you find out it is not exactly like the government said it was. There is a lot of good information that is found within it.

The biggest deficiency - and we met, by the way, with Mr. Cummings, for the information of the minister. He alluded to Mr. Cummings and his review team. We, the Official Opposition, did meet with Mr. Cummings. We did make a presentation to Mr. Cummings here in this building a couple of weeks ago. I believe we were one of the first who met with him. As soon as we knew that he was appointed, we made a request to meet with him because we feel this is a very important review. Where it is going to go is anybody's guess. He is like Mr. Ring. Mr. Cummings can only do his job and make recommendations. Of course, what gets done with it at the end of the day depends how serious government takes it. That is what you are going to get.

One of the big deficiencies in the Freedom of Information, or ATIPPA legislation that we work under today is that the commissioner cannot order that the information be released. He can only recommend that it be released. Everybody thought - even back when we did the review, back in 2000, 2002 when we brought the bill in, we do not know where this is going to end up. We do not know if recommendation by a commissioner is going to be respected, if people would be forthcoming with the information, or whether, at some point in time, you might have to strengthen the act to actually give him order powers because all he can do is recommend. If the government says thank you very much for your recommendation, but stick it, that is it. He can take it to court maybe, if he feels he is justified in some cases, but again, he is limited by the resources he has, but he has no order power.

Now, it is a good oversight to have there, a great gentleman who is providing the oversight, but as I say it is like telling a boxer to go in and fight the match there but we are going to tie one arm behind your back. In the case of Mr. Ring sometimes, they have tied both arms behind his back, not one but two.

It is amazing how people change too, their opinions from one year to the next. For example, Mr. Speaker, when we had the debate in this House back in December of 2001, the current Premier, Premier Williams, was the Leader of the Opposition at that time, sat right over here, this chair right here -

MR. SPEAKER: Order, please!

I remind the hon. member not to refer to hon. members of this House by their name but by their position.

MR. KELVIN PARSONS: Thank you, Mr. Speaker.

The current Premier, who is a member of this House, who is the Member for Humber West I do believe, was the Leader of the Official Opposition in December of 2001 when we debated the ATIPPA legislation in this House. It is amazing how a person's opinion can change from the time of that debate to where we are today when he is the Premier of the Province.

I am just going to refer to a couple of pieces - this is right from Hansard, Mr. Speaker, and it is taken from Hansard by that individual on December 3, 2001. He says, Mr. Speaker, and I quote, "…Mr. Speaker, what I would like to do is just sort of recap the concerns." He is talking about the legislation at that time. "It goes back to what was contained in our Blue Book in 1999: Quick access, no prohibitive fees and the disclosure of information that should be disclosed." That was his statement. Well, first of all, the comment on that piece, we are not quick. As I just said to the minister, we gave him examples, the Long Island Causeway, a year in the waiting. The Opposition requests - I do not know where he is getting his statistics but the Opposition's requests for Access to Information I would not say there is 20 per cent that is met in the timelines of the current ATTIPA. I would not say there is 20 per cent, not 20 per cent that meets the actual timelines under ATTIPA when it comes to asking for information from this government.

The other piece is the prohibitive fees. The Leader of the Opposition of the day talked about the fees - should not have any fees. What I mean by that, of course, and what he meant by that was: What is the point in asking for information if the department comes back to you and says you can have the information, but it will cost you $10,000 to have it? Now, that is not much help to anybody. So the first question you have to ask is: Well, where did you come up with your figure of $10,000? There is never an explanation.

Now, sometimes they will say: Well, it takes us sixty-seven hours to dig it out, photocopy it and put it in a box and send it over to you. I think we have all learned in the last number of years, Mr. Speaker, that even having to go through that hassle – and that is one of the recommendations we made to the commissioner. Why should there be prohibitive fees, which we have been charged hundreds and hundreds of dollars for stuff, just to get it, when today in this technology everything is on a computer and everything can be put on a stick, everything can be put on a disk? It is as simple as that. No big expense involved and no photocopiers. Someone sits down at the computer terminal, they know what you requested, there it is, flick, flick, flick with a computer, push of the button, and you got it. That is what we recommend to the commissioner we ought to do. Why would anybody use this excuse any more that you have to have all of this paper work produced when you can do it electronically today?

So we do not have the quick access that the Leader of the Opposition talked about back then. We do not have the low fees or the reasonable fees; we have the prohibitive fees that he talked about. This is another quote from the same Leader of the Opposition who is now the Premier, talking about commitments and keeping them. When he debated he said, and I quote, "Give the Citizens' Representative the teeth to implement. Give that person the power to order or authorize that the information be produced." Now, he called him the Citizens' Representative at the time, but of course that is in a debate on that particular bill that we are talking about the Privacy Commissioner. That was the Leader of the Opposition, now Premier, that was what he said, "Give that person the power to order or authorize that the information be produced." That is pretty straightforward. There is not much misinterpretation about that.

Is that where government has ever gone since 2003? I have not seen any proposals come to this House whereby that person who is now leading this government, who has the option and can at any time bring forward legislation to make that change. Do you see that commitment fulfilled? I do not see any order power being given to the commissioner by this government, by that person who leads that government, who said that person should have that power to order. That is a clear case of saying one thing - got him on print, black and white in our official record, give him order power. I do not have to debate that. Let people look at that themselves and think what they may about it, but it is very straightforward, pretty clear that the Premier said one thing and seven years out, not a hint that we are going to change it. In fact, I think he did some media interviews sometime ago and said he feels differently now. A lot of this is hassle; a lot of this is cumbersome now. You have to comply with the law. I say it is pretty convenient.

All of a sudden, you want it - you should have order powers and all of a sudden you become the government. You are the person who people want information about and your departments, and all of a sudden you say: no, I feel differently now. I do not think they should have the order power now. It is going a bit too far. It is time consuming. It is troubling. Well, that is the whole purpose of ATIPP. That is why we reviewed it in 2000. That is why we have it, is because revelation of information is the crux of all democracy. That is the crux of it. I agree if there is something that might hurt somebody that you cannot release it. For example, we have protections in here for third parties and stuff like that, if you are going to hurt their commercial interests and so on. You cannot do anything to hurt them, but government information?

Anyway, I just point that out because the minister, of course, today would have you believe that everything is rosy. He cited a bunch of statistics and said we are okay, we are doing great. Well, I think the people of the Province only need to look for themselves. This is some example from the Opposition. We have been met with, not prohibitive but oppressive fees, hundreds and hundreds of dollars just to get simple information; all a game because they do not want to release the information.

All that comes to be, governments change, times change, people see when a government is secretive, and of course, once people get that impression, which, as I say, the media has certainly gotten in this Province in the last two years. You just need to look at – how often did you see in The Telegram and you hear on the radio or TV these days the words: Is this government open and accountable? Is this government open and accountable when they are talking about various issues? You hear it a lot. You never heard it much in 2003 maybe to 2007, but in the last couple of years it is worn pretty thin when you hear the government say open and accountable. Worn pretty thin, and the public know about it too. You cannot fool the public. There is an old saying, what is it: fool me once, shame on me; fool me twice, shame on you. The minister can preach all he wants about how open and accountable they have been. We have the pages full of black lettering. We have the oppressive fees. We have seen that the commissioner has to take them to court two or three times to get information out of them. He can only work with the tools that he has.

Mr. Speaker, I am going to end my remarks there because this is about Mr. Ring today. This is about Mr. Ring, and as we say, we fully support the reappointment and the confirmation, I guess, of Mr. Ring as the commissioner. The gentleman has tried to do the best that he can with the tools that he has. That is one issue. That is what we will vote on, and that is why we will vote for it.

When it comes to the effectiveness of the act and the gentleman's ability to do what he wants to do and what he would like to be able to do, that is a debate for another day. We know where this government, who leads it, who said the commissioner should have order power and what we have seen done to do that in the last seven years. We know that, people will watch that. So we will have that debate on another day. We will continue as an Opposition to file our requests for various pieces of information, despite being stymied. It is important that we do it as an Opposition. Despite all the excuses you get and the redactions and the oppressive fees, we will continue to do it, and from time to time when we get information that needs to be brought to the public attention, we will of course bring it to the public attention.

Good luck to Mr. Cummings. I am sure he is going to have a very comprehensive review in what he is doing. By the way, that only happened after it was raised here in this House. The fact that the review actually got started, you come here in the House and you ask questions: Where is the review? Sure enough, then you get the review - done.

Anyway, Mr. Speaker, I hope Mr. Cummings - I am sure he will do a thorough job. I heard he was down in Marystown. I saw a report in the media there he did not have much turnout. I would certainly encourage anyone in the public to take this opportunity to appear before Mr. Cummings. It is a very relaxed atmosphere. It is not a formal type set up. Any concerns that you have, either as a private citizen or a corporate citizen or anybody who might be impacted by the laws of this Province, it is free ball for anybody and he is very open. If anybody, for example, listening today is only being made aware for the first time of the existence of his review, I am sure he has not concluded it yet. He is in the process, and he is a very open and approachable individual who would be more than happy to take your call and to arrange an opportunity to have you speak with him. He is going to do a thorough job.

I am anxiously looking forward to his report. I do not know if he is going to go so far as to recommend the ordering power. I do not know. It was not our position, of course, to ask him that. Our position was just to make submissions as to what we thought, not what he thought. We will see what he thinks when his review comes in, but we will see if he goes that far. The other comments that have been made, in terms of the electronic production of the information and so on, getting rid of the fee structures that are currently there and government uses to deny people access to information; how to tighten up on the timelines so that things are done faster. It is not his office, by the way, not doing it faster. He can only act within the law again. If governments and departments stymie him, that is all he can do.

Anyway, we will be voting for this for Mr. Ring, and hopefully we can look forward to seeing this government stand by a commitment of this Premier, down the road, short order, rather than in the long term, and hopefully carry through on something that he said should be done, which is that the commissioner should have order power, but that is for another day as well. We will wait and see if they follow through on that commitment. We have had lots of examples where they said things and did just the exact opposite. So far, that is the case here, but we will see in the future if there is going to be any change.

Thank you, Mr. Speaker.

MR. SPEAKER: The Chair recognizes the hon. the Member for Signal Hill-Quidi Vidi.

MS MICHAEL: Thank you very much, Mr. Speaker.

I am glad to have an opportunity to speak to the motion which deals with the reappointment of Mr. Ed Ring as the Information and Privacy Commissioner for another term, a term of two years.

I was pleased to support the nomination of Mr. Ring when he was first nominated two and a half years ago. He certainly has proven himself to be a person who is not only capable for what he is doing, not only has the skills to do what he is doing, but has also shown this House and the people of the Province a passion for what he is doing. A wonderful understanding of what it is to protect the rights of individuals and to protect their right to information and to privacy protection.

He has also shown that he is a person of great integrity. He holds a position of great trust, a position of great responsibility. The way in which he has been forthright in dealing with his position, the way in which he has been forthright in saying what he believes, he has to fight for in his position, shows the integrity of the person, Mr. Speaker, and I have to say that I have been quite impressed with the role that he has played. That he understands his role to be independent of government and has acted independently when he has needed to speak out on issues that have concerned him in his role as commissioner. Mr. Ring, I think, deserves us to be renominating him here today, to be approving this nomination and deserves all the support that we can give him in doing his work.

At the time that he was appointed I made some comments about the appointment process and I would like to reiterate some of those comments today. They have nothing to do with Mr. Ring himself, because if we had done the process the way I am going to talk about it here today, I am sure he would be the person who we would be nominating. I would like to raise an issue that I have raised before, as I have said, when I spoke to this nomination and I have raised it also in the House when talking about our process here in this House of Assembly.

When we look at some of the other Legislatures in our wonderful country, we find that appointments to positions such as the statutory officers' positions, these appointments are done on nominations that come from the legislative committees of the Legislature. On the federal level, it is the parliamentary committees, and on the provincial level, it is the legislative committees. I am impressed that we have Legislatures across the country where a discussion takes place in the all-party legislative committees about the nomination of people to the statutory offices.

I believe that one of the things that we need to have seen done by the people of the Province is that when people are appointed to positions by government that they are not patronage positions, that they are positions that in no way are linked to somebody's role in a political party, but they are positions that people who are being appointed to those positions are being appointed because of the skills and the knowledge and the passion and the interest they have for the position they are being nominated to.

I firmly believe that having legislative committees do the nominating of people to statutory offices is one way to say to the people of the Province that this is an open and transparent process, that this process is not dependent upon the party who is in power, that the person who is being nominated has been agreed to by all parties as they sit on a legislative committee.

As I have said, these comments have nothing to do with our appointment of Mr. Ring today. I am pretty certain that if we had sat in committee together and looked at what he has done in his role as commissioner, we would be nominating him to be reappointed. We are getting the opportunity of course this afternoon, all three parties together, and I am now the third one to speak to say that we do agree with Mr. Ring's appointment.

I think that, particularly when an appointment is a new appointment to a position, it would be extremely beneficial to the sense of openness and transparency of the House of Assembly if the nominations for those appointments came from legislative committees. I know that I do not have agreement on that position from the government right now, but it is a position I believe in and I hold firmly and will continue to speak to. Once again, as I have said in the House, let us look to other Legislatures, let us look to other jurisdictions and let us learn from them as to how to do things in a way that really does make people feel comfortable and makes people feel that we are being open and transparent and that we do not have patronage as part of appointments.

If this government is concerned about openness and transparency, Mr. Speaker, as it says it is, then I think that government should be following processes that help people see the government as open and transparent. Involvement of all parties in these kinds of ventures such as the nomination of people to statutory offices is a way to be open and transparent.

It has been quoted in this House already this week, I think, that it is not enough for justice to be done, but justice has to be perceived to be done. I think we can take that and we take the word justice out, it is not enough to say that we are open and transparent, but openness and transparency has to be seen. Having nominations made by a legislative committee is a way of seeming to have openness and transparency. It does not mean that it would not have happened anyway, but the perception of openness and transparency is just as important as openness and transparency actually happening.

I wanted to make this point again here in this House because I know it is something that many people have a concern about. I know it is something that I get spoken to about by people and I want to use the opportunity once again of this nomination moment to make those points with regard to the process that is employed here in this House, which basically is the government coming forward with a name and then in the context of a short period of time in the House, Opposition parties having to say yes or no with regard to the approval of that name.

We do have in legislation the fact that there are certain positions, for example, that the Premier is expected to consult on with the Leaders of the Opposition parties. My experience has been that the consultation in some cases has been my receiving a phone call from a key person on the Premier's staff letting me know that in ten minutes time, for example, an announcement is being made about a certain person being appointed to a position. Well, I do not consider that kind of thing consultation, Mr. Speaker.

There are many examples of that going on that are not acceptable. Consultation is essential and we have things on paper that indicate how we can have consultation processes and the consultations that should happen, but the practice is not what is on paper.

Of course, having the legislative committees make nominations is not even written down on our paper. It is not even something that we conceive of. We have always had this power in the hands of the governing party and it has not been challenged, but I will continue challenging it, Mr. Speaker, because I think it is worth challenging in order for us appear to be open and transparent.

As I said earlier, Mr. Ring, I think, is a very worthy person to be renominated to this position. He has shown himself, as I have already said, to be a person of integrity but he has also shown himself to be a person who is determined and shown himself to be a person with great patience because there have been times when it has not been easy for him. There have been times when he has had the government going to court to try to limit his power of access, that he has not had an easy time getting information that he has ruled needs to be released. Having to go to court and having government go to court against him is not something, I do not think, he wants to do, but he believes so strongly in the access of information for individuals, and believes so strongly in their right to be able to access information that he has gone to court. He has taken it upon himself to go to court because he wanted to go the full distance in being able to get information made available to him.

I have to say, the one positive thing I have to say about the government, and they will be happy to hear me say something positive, is that in spite of the fact that he has had to go to court against them, and in spite of the fact they have gone to court against him, they are bringing his name forward for re-nomination. I have to thank them for that, because I think that is what they should be doing. So I do commend them for bringing his name forward; but, Mr. Speaker, we need to see from government a more positive attitude. That is the word I want to use; the government likes to use the word positive. I would like to see a more positive attitude from this government to the whole issue of access to information and privacy by ordinary citizens.

It is very disturbing when the Premier publicly complained that Access to Information requests are a burden for the government, and that sometimes you get frivolous requests. What I say to the government, what I say to the Premier, it is not for them to determine if a request is frivolous or not. It is not for them to determine whether or not a request should be made. It is for them to release the information that is being requested, if it is being requested under the rules that are in place for access to information. It is up to the commissioner to make decisions about whether or not the request that is being made is being made under the rules.

I cannot imagine that is feels very good to the commissioner to have the Premier of the Province talk about the burden to government, and the frivolous requests that are being made, when he sometimes is fighting for some of the information to be released that government might be saying is frivolous. If an individual or if an organization believes that a piece of information is necessary for them to receive then it is not frivolous, Mr. Speaker.

So I would ask the government to start showing itself to be more positive and to be more open to the legislation that we have in place, a legislation which says that people have the right to access the information. They have the right to look for it, and they have the right to protect themselves under that legislation.

Mr. Speaker, we have heard the minister speak about the statutory review that is taking place, and I am quite pleased about the statutory review, but we have to make sure that the statutory review is there to enhance the work of the commissioner, to make access easier, to make access more available, and that the review will be something that government is doing not because it has to do it legislatively, but because they really believe the review is needed, is necessary, so that things can be improved.

The responsibility of government, Mr. Speaker, is to make sure that Mr. Ring has the powers he needs to do his job, and I, too, want to speak to the whole issue about no power to order, which has been brought up by the Opposition House Leader. This is one thing that I would hope that the review is going to deal with, because it is pretty powerless for the commissioner, for example, to notify a ministry that these documents should be released, and the ministry to fight and say no, we are not going to release them.

What is the sense of having that, Mr. Speaker? It was like when the Child and Youth Advocate came to the House last year and asked for powers of subpoena in order to be able to have witnesses come and be interviewed by the Advocate. We agreed that the Advocate should have powers of subpoena. Well, the power to order, to me, is the same as the subpoena power that we gave to the Child and Youth Advocate. So I would ask the minister to be thinking about that as they prepare to receive the report from Mr. Cummings, that I think should be in the minister's hands by the end of November, that when we gave the power to subpoena to the Child and Youth Advocate, that is something that we, in a different way, should be giving to the Commissioner of Information and Privacy, that the power to order is no different than the power to subpoena.

Having done that once here in this House, I think that we should be ready to have that recommendation brought to us again, and I look forward to receiving that type of a recommendation from Mr. Cummings. I have no idea what his recommendations will be, but that is one thing that I would really like to see come forward. It is not enough to reappoint Mr. Ring to this position; it is also important for the government to show its commitment to Mr. Ring's work, and one way to show him that would be to give him the power to order.

Another issue, which is not an issue around Mr. Ring but which is an issue around the commission itself, Mr. Speaker, has to do with the fee structure. I am hoping that enough representation will be made to Mr. Cummings that he will have a serious look at the commission's fee structure, because I really do believe that the fee structure limits the average person's ability to get information. If we are going to have legislation around information and privacy, then we should make sure that there are no barriers to the average person being able to seek that information.

An Opposition caucus office, for example, has the resources to pay the fee that is required; a news outlet has the resources to pay the fee that is required; but the average individual, the average citizen, may not. Yet, that person is supposed to have the same right to access of information and the same right to protection of privacy. Mr. Speaker, this is one of the issues, too, that I sincerely hope that enough representation will be made about to Mr. Cummings that he will be bringing forward recommendations.

Mr. Speaker, having said that, we await those recommendations, we await government's actions, but in the meantime I really am pleased to ratify the appointment of Mr. Edward Ring as Information and Privacy Commissioner.

Thank you, Mr. Speaker

MR. SPEAKER (Fitzgerald): If the hon. Minister of Justice and the Attorney General speaks now he will close the debate on the resolution that is presently before the House.

The hon. the Minister of Justice and Attorney General.

MR. F. COLLINS: Thank you, Mr. Speaker.

I thank the hon. members opposite for their comments and for their anticipated support as they pledged for this motion.

I have just a couple of comments. Number one, in response to a comment made by the Opposition House Leader, who complained that we were, on this side of the House, saying how good we are, my response to that, Mr. Speaker: We are good, and we don't mind saying so. We don't mind saying so.

Mr. Speaker, I also want to respond to a comment made by the hon. Leader of the NDP, when she said she recognized the positive move in that this government was supporting the nomination of Mr. Ring in spite of the court procedures.

Mr. Speaker, I want to point out again, the court procedures were not about Mr. Ring. The court procedures were not in any way an infringement on Mr. Ring's office, or anything about conflict with Mr. Ring. The court procedure was all about - it was not a matter of bringing Mr. Ring to court or him bringing us to court, or anything like that - it was all about getting clarification of an interpretation of a section of the act. That is what the court procedures were about. Of course we were bringing Mr. Ring's nomination back, because the court procedures have nothing to do whatsoever - nothing about Mr. Ring and the job he was doing.

Mr. Speaker, I want to again thank the members opposite for their comments and I now move the motion.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: Is the House ready for the question?

MS BURKE: Yes, Mr. Speaker.

MR. SPEAKER: The motion is that Mr. Ed Ring be reappointed as the Information and Privacy Commissioner for a term of two years.

All those in favour, ‘aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, ‘nay'.

The motion is carried unanimously.

Motion carried unanimously.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Government House Leader.

MS BURKE: Mr. Speaker, we would like to call a recess for a few minutes at this time as we get ready to conclude our session for this afternoon.

MR. SPEAKER: This House will not take a brief recess.

The House is now recessed.

Recess

MR. SPEAKER (Fitzgerald): Order, please!

SERGEANT-AT-ARMS: Mr. Speaker, His Honour the Lieutenant-Governor has arrived.

MR. SPEAKER: Admit His Honour the Lieutenant-Governor.

SERGEANT-AT-ARMS: All rise.

[His Honour, the Lieutenant-Governor takes the Chair]

SERGEANT-AT-ARMS: It is the wish of His Honour the Lieutenant-Governor that all present please be seated.

MR. SPEAKER: May it please Your Honour, the General Assembly of the Province has at its present session passed certain bills, to which, in the name and on behalf of the General Assembly I respectfully request Your Honour's assent.

CLERK: A bill, "An Act Respecting The Care And Protection Of Children And Youth". (Bill 1)

A bill, "An Act To Amend The Income Tax Act, 2000". (Bill 3)

A bill, "An Act To Amend The Provincial Court Act, 1991". (Bill 4)

A bill, "An Act To Provide Liability Protection On Portions Of Pedestrian Trails". (Bill 5)

A bill, "An Act To Amend The Commissioners For Oaths Act". (Bill 7)

A bill, "An Act To Amend The Notaries Public Act". (Bill 8)

A bill, "An Act To Amend The Income Tax Act, 2000 No. 2". (Bill 9)

A bill, "An Act To Amend The Revenue Administration Act". (Bill 10)

A bill, "An Act To Amend The Small Claims Act". (Bill 11)

A bill, "An Act To Amend The Grand Concourse Authority Act". (Bill 12)

A bill, "An Act To Amend The Consumer Protection And Business Practices Act". (Bill 13)

A bill, "An Act To Amend The Private Investigation And Security Services Act". (Bill 14)

A bill, "An Act To Amend The Fatal Accidents Act". (Bill 15)

A bill, "An Act To Amend The Insurance Companies Act". (Bill 16)

A bill, "An Act Respecting The Regulation Of Certain Health Professions". (Bill 17)

A bill, "An Act To Amend The Accident And Sickness Insurance Act, The Automobile Insurance Act, The Insurance Adjusters, Agents And Brokers Act, The Insurance Contracts Act And The Life Insurance Act". (Bill 18)

A bill, "An Act To Amend The Insurance Companies Act No. 2". (Bill 19)

A bill, "An Act Respecting The Practice Of Social Work". (Bill 20)

A bill, "An Act To Amend The Insurance Adjusters, Agents And Brokers Act". (Bill 21)

A bill, "An Act To Amend The Portability Of Pensions Act". (Bill 22)

A bill, "An Act To Amend The Securities Act". (Bill 23)

A bill, "An Act Respecting Court Security". (Bill 24)

A bill, "An Act To Amend The Loan And Guarantee Act, 1957". (Bill 25)

A bill, "An Act To Amend The Architects Act, 2008". (Bill 26)

A bill, "An Act To Amend The Highway Traffic Act". (Bill 27)

A bill, "An Act To Amend The Insurance Companies Act No. 3". (Bill 28)

A bill, "An Act To Amend The Prepaid Funeral Services Act". (Bill 29)

A bill, "An Act Respecting The Health And Protection of Animals". (Bill 30)

A bill, "An Act Respecting Human Rights". (Bill 31)

HIS HONOUR THE LIEUTENANT-GOVERNOR (John C. Crosbie PC, OC, QC): Mr. Speaker, in Her Majesty's name, I assent to these bills.

Mr. Speaker, I just want to congratulate all the members on the hard work that I am sure that has gone into the debating of these bills and I hope that you all have a good summer respite. I know the poor old ministers will not be getting much in the way of holidays. I do not know anything about the Premier but the members of the House will get a chance to go around the Island. When you go around the Island do not be grumbling about the weather. Just think of how you would be sweating and suffering humidity as I did year after year when we got stuck up in Ottawa. We are very lucky to have the kind of summers we have. I am sure that you will all enjoy our temperatures. They will be heading here in the thousands, the people who are worn out with the humidity and heat of the mainland. So I hope you all enjoy it. The Premier, I am glad to see, is back in town and escaped the clutches of the Government of the Russian Republic.

I wish you all well and I hope that you enjoy the summer. We have a glorious Province here and it is tremendous to have an opportunity for you, and I certainly enjoy the opportunity getting around and seeing the magnificent things that are going on in Newfoundland. It is really inspiring.

I hope you all have an excellent summer recess, including the Opposition, who - I remember myself, when I was in Opposition I used to love having the House meet. When I was in government it was a damn nuisance, and I do not think that has changed very much.

Good luck to you all.

SOME HON. MEMBERS: Hear, hear!

[His Honour the Lieutenant-Governor leaves the Chamber. Mr. Speaker returns to the Chair.]

MR. SPEAKER: Order, please!

The hon. the Premier.

SOME HON. MEMBERS: Hear, hear!

PREMIER WILLIAMS: Thank you, Mr. Speaker.

I just want to express a few words of thanks to the members of the House, but before I do so I just want to build on the comments of the Lieutenant-Governor.

Yesterday, as evidenced by the red face, I had the wonderful experience of having the opportunity to go in and observe the caribou experiments and research that we have been doing and went into Bay du Nord wilderness area in order to see it. I went in yesterday because it was the only opportunity before the actual end of the calving season, when the calves are on their own, to see first-hand exactly what is going on with regard to predation and the reduction of our caribou herds. I am very proud to report that the money that we have allocated to look at this has been internationally appreciated.

Shane Mahoney, of course, was heading it up and I was with Shane yesterday. He has attended worldwide conferences at the highest levels. What the Government of Newfoundland and Labrador is doing in order to protect its herds and to do sophisticated research, applied research in this particular area is world-class.

The reason I mention it though is to build on what the Lieutenant-Governor has said with regard to the Province as we travel around the Province – and it is not fair to say that Cabinet ministers are the only ones who are going to be working this summer. As we all know, MHAs, your work really begins as soon as you leave here because it is a summer of festivals, of being in your districts and being in your constituencies and having a chance to meet the people and answer to the people who you represent, good and bad, if they have any complaints, if they have any compliments, you have an opportunity to listen to it.

As he made the comment, as you travel around the Province do not complain about the weather, but as I, yesterday, had the opportunity to be out in the Bay du Nord wilderness area, it just confirmed for me the magnificent Province that we have, extraordinary, special place in the entire world. When you are there and you have the opportunity to come down in the middle of a caribou herd that is a protected area, to observe bears in their natural habitat, to observe the coyotes in their natural habitat, but to see the pristine wilderness that we have and the protected areas that we have, and to know that we as a people are protecting that culture. Yes, sure, we are developing oil and gas, we are doing all the modern things that have to be done in a modern society, and the things that of course are necessary in order for us to provide the social benefits and the things that have to be done in our Province from an infrastructure perspective.

We do have this magnificent land; this place that has been described as a marvellous, terrible place, I think by one poet. I cannot think of the author who did it. It is truly an extraordinary place, and we are all very, very privileged – I consider myself very privileged to be Premier of this great Province, but we are all very privileged to represent all of these districts and the people of this Province. I know that certainly the Member for Labrador – that is a whole other experience. The Big Land is just a tremendous experience. I am hoping to get up in a couple of weeks and do some salmon fishing up in your district, so I am sure I will be well received there, as I always have. We do - and I do not want to belabour it, but I do want to build on what the Lieutenant-Governor said.

The other thing is an event occurred here last week in my absence - and actually, before I even deal with this particular comment, while I was in Russia at the St. Petersburg Economic Forum representing the Province, we had an opportunity to see and hear from the best in the world on the whole global economic situation. What is really interesting is that the rest of the world is troubled. The rest of the world is actually concerned about where they are. When I am talking about the rest of the world, I am talking about major countries, like the U.K., France, Germany, the EU generally, and of course, we were in Russia. One of the comments that was made is probably the second country that is probably in the biggest trouble in the entire world is Britain. Now, it just came as a complete shock to me when I heard it, because we know the trouble that Greece is having, Ireland and Spain and Portugal, but Britain is going through a very, very difficult.

From our perspective in Newfoundland and Labrador, I think for the first time, and I am not standing to take credit for this, I am standing to say on behalf of the people of Newfoundland and Labrador, that I think we are in a really privileged position at this particular point in our development. We are in a bubble. I think we are in a protected bubble. The world situation is deteriorating. There is a lot of debt there, but one comment was made that the debt that is been incurred during the last twelve to eighteen months in order to get the world through the recession will not be corrected until 2030. A huge, staggering statement that it is going to take that long for the rest of the world to get up to speed. However, when I look at what is happening here in Newfoundland and Labrador, the fact that we do have our debt reduced, the fact that we have our pension funds under control, the fact that we have reduced taxes, the fact that we are doing things which countries that do not have the benefits that we have, that do not have the natural resources that we have – and that is in the area of research, development and innovation.

That is an area we are now moving in. It is a very, very important area that we have to address and this government is committed to putting that money into that research. That is why the experience that I had yesterday was an incredible experience, but it goes to show the importance of using those monies in the proper areas so that we can prepare for the future at a time when the oil and gas is gone. Hopefully by that time, we will have moved from a non-renewable energy Province to a renewable energy Province and we will have use the monies from one to move to another.

The other point which I wanted to make quite briefly is the news story that came in Reuters yesterday. It opened up by saying, "Newfoundland and Labrador has come a long way since staggering deficits only a few years ago..." The most important quote is one that was also reported in the VOCM News, was a quote by Mark Carney, Governor of the Bank of Canada, who was in town last week for the NOIA conference. I was not here to hear him, but I heard of his comments in Reuters - actually, a worldwide, international news agency reported this. Mr. Carney said, "The economic forecast for this province is very promising… the rest of Canada would fare well using Newfoundland and Labrador as an economic example." That is a huge, huge statement.

SOME HON. MEMBERS: Hear, hear!

PREMIER WILLIAMS: Mr. Speaker, I am not here to take personal credit. What I do want to do is thank the members of my Cabinet, members of my caucus, and the members of the Opposition for their contribution in making us a better government through your questions, through your inquiries, through any attempts that you have made whatsoever to probe to get more information.

This statement, made by the Governor of the Bank of Canada, is a statement for which the people of Newfoundland and Labrador should be very, very proud. To say that our little Province, the tenth Province, one of thirteen jurisdictions, who was always considered the poor sister, the economically weak sister of Confederation, is now an example for the rest of the country is huge. So I think the people of Newfoundland and Labrador should be very, very proud of where we are at this particular point in our evolution. That does not mean, though, that we want to just try to stay the course and that we sit back and we rest on our laurels. I think we have to keep driving it and keep moving forward.

Having said all of that, Mr. Speaker, with regard to the last session, as I understand from the Government House Leader, it equals the record longest session of the House, so any criticism the hon. members opposite have about us not sitting around here long enough, we can stay for another couple of months, if you want to. I extend the invitation. I understand it is gruelling. I understand it is difficult, for all members of the House, quite frankly, but there were days when the Tories had three people in Opposition. I am sure Mr. Harris remembers those days. It is not easy, and they do understand that. At that particular point in time I was much younger, a political supporter, but I saw the hard work that the Opposition did. I want to give full credit to the Opposition, to the Liberal Leader, the Government House Leader as well, the Leader of the Party. I wish you well in the leadership, the upcoming leadership. You will probably be the only candidate. If they are smart, that is what the party will do, but having said that, I certainly wish you well.

From a perspective of the manner in which the House was conducted, there are going to be decorum issues, nerves are going to get frayed, but again, I refer to Mr. Harris, you watched a lot of sessions in this particular House, I was here as a clerk at that table a long, long time ago. It is part of the parliamentary process. People may say what they want and people may criticize, and people may say that young people who sit in the galleries are wondering what is going on, but that is the process. If you look at the British Parliament, if you look at the Canadian Parliament, you sit in the gallery in most of the provincial parliaments across this country, there is banter that goes on but it stays here, and when we leave here then that is where it stays.

I do want to thank the members of the Opposition. I do want to thank the Leader of the New Democratic Party for input. You are there all by yourself. I know that cannot be easy. There is not another shoulder to lean on at some point in time when you want to get a rest or you want to get a break. It is not an easy job, but I thank you for your questions. I thank you for the manner in which you conduct yourself in the House throughout, and it is appreciated. We realize the democratic process, we realize the adversarial process that happens here, but at the end of the day, it ends up with us getting the kind of endorsement that we got from the Governor of the Bank of Canada, which I feel is really, really significant.

I want to thank my government. I want to thank the Government House Leader particularly, for thirty or thirty-one pieces of legislation this time around. The longest session of the House. I think the session extended over twelve weeks. It does not add up to twelve weeks but it did extend over a period of twelve weeks, if we count the partial weeks. That is a long haul. That is not easy on anyone. Ministers are away from their departments. They have work to do in their departments and very, very important business. So if it does not get done here between 1:30 p.m. and 5:30 p.m. or in the evening sessions, some of which can go late, then it has to done on the weekends or in the nighttime. So I certainly appreciate that. I want to thank all my fellow ministers. I want to thank all my fellow members of the House who have made a contribution from time to time. It was probably conspicuous in my absence but I can tell you, I was working to the best of my ability and I must say I am very, very proud of what we have all achieved as a group.

I do want to thank the Speaker, a tough job. It is not an easy job at all but you are the referee, and that is exactly as I see it. You probably should wear a striped shirt, Mr. Speaker, but having said that, to try and control the banter that happens between us is not an easy job. You conduct yourself in an impartial way and I certainly appreciate that. You bring decorum to the House. We take it away and you bring it back. So at the end of the process, I think it serves the people of the Province very, very well.

I want to thank the Table Officials, the Clerk and the Law Clerks for your contribution. I realize to have to sit there day after day and listen to us sometimes cannot be very, very easy. Again, the House flows very well and we certainly thank you for your contribution.

To the Pages who are constantly on their feet and run back and forth and keep us full of water and keep us full of paper and everything else, I just want to thank you so much. Certainly, I want you to know that it is appreciated. I think in later life you will find that it will be a very good experience. You may sit back sometimes again and shake your head and wonder, but you do it with respect. I have not seen you do it openly or blatantly but you probably go in behind the Speaker there and just kind of shake your head back and forth.

To the members of the RNC and of course the Sergeant-at-Arms, again, thank you very much for your oversight and for taking care of us and also for the security personnel and commissioners here who take care of the galleries. Obviously, from time to time there are people who come into our galleries with very, very legitimate complaints and protests, people who are on strike, people who have been on strike or out of work for extended periods of time, but overall, we have to sit here, we have to answer, we have to face the people. I think that is why this is a good process that people are able to come to the galleries, and again, young people are able to come in and see exactly how a Legislature works. I think that is a good thing. Again, I want to thank everybody for making sure that it is a civil place; that it is a place where people can come.

As well, the media – again, the media have been very fair to us. I bite my tongue when I say that, but as a government, they have a job to do. I guess at times they have to be critical. I hope they are never critical for the sake of criticism. When, in fact, we disagree with some of the things that are said, of course we will take issue with it. We will do it either publicly or privately, but we will do it as we have a right to do so. Of course, there is the right - freedom of speech and freedom of the press, they also have a right of course to cast their opinions, and again, an attempt to make sure that government is inline, and we appreciate that. That is part of it. We do not necessarily always agree with what they have to say but we certainly agree with the process.

The staff at Hansard, the staff at the Broadcast Centre, the Library staff, I want to thank you all. Again, this has been a long session for everybody. It is like the last day of school, if we had caps on and we were graduating we would all throw them up in the air.

I want to thank our chief spectator and cheerleader there, he is non-partisan. He just sits there and he listens but you should write a book some time. I am sure it would be an interesting read and be certainly very much appreciated by anybody who has had the honour and the privilege to sit in this House.

So, having said all that, I went on a little longer but the Lieutenant-Governor sort of gave me a lead in with regard to the Province and how we feel about this great Province. I have to tell you, yesterday, for me, was a unique lifetime experience and I hope - I would encourage anybody, whoever gets an opportunity as members of this House, to do that and to get out and see and truly appreciate what a great land we live in and what a great land we represent.

Thank you very much.

SOME HON. MEMBERS: Hear, hear!

PREMIER WILLIAMS: Oh, if I may?

The Cupids celebrations, 400th Anniversary celebrations - I want to make sure everybody has a great summer and you spend time in your districts and get a chance to get around the Province, but this is a very special celebration. This is the oldest English colony in North America. It is equivalent, in my opinion, to the Quebec City celebrations that were held just two years ago or a year ago. Get out there, it is in the middle of August. Make sure you spend some time out there, but it is really worthwhile being there and being part of it. I know, Roland, I am going to see you out there. So we will see you there and at the Blueberry Festival.

Take care.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Leader of the Opposition.

MS JONES: Thank you, Mr. Speaker.

I certainly thank the Premier for his comments this evening.

Mr. Speaker, I just say to the hon. Premier, that every summer when he comes to my district to fish in that great part of the Province where we have such fabulous, pristine rivers, salmon rivers, of course, the red carpet is rolled out for him and everybody is so happy to have him. Mr. Speaker, he comes back and goes to Russia and does not even invite the member to come. I do not understand it, but having said that, Mr. Speaker, the rivers will be waiting and so will the hospitality, Premier, and we look forward to having you in our district again this year.

Mr. Speaker, like every session in the House of Assembly, we come here to do the business of the people of the Province. That is why we are elected. We all have different roles to play in carrying out that business. Whether it is the job of the Premier, a Minister of the Crown, a backbencher in a government or the roles that we play in the Opposition. They are all important roles in a democracy, and the only way that democracy works is when we have full participation. It does not always matter about the numbers on one side or the other side. What is more important is that people feel that their issues are represented and that their concerns are being brought forward and addressed by all parties. I have to say, Mr. Speaker, the House of Assembly has allowed all of us to do that job to the best of our ability, and hopefully, as a result of it, we all have the opportunity to live in a better Province, with a stronger economy, as the Premier talks about, but with much stronger social fibre as well. I think that is the goal that we all work towards and work to achieve.

I want to join the government in thanking the people who make the House of Assembly run for all of us. That includes the Clerks at the Table, who I am sure, Mr. Speaker, many days that our Clerk is somewhat frustrated when I walk in with all these petitions that are hardly ever worded appropriately, but I take his advice and as a result of it, the people's message gets delivered. Certainly, to thank our Law Clerk for her assistance in the last session in helping us draft a number of amendments that we proposed to bills and it is her advice that allows us to be able to do that and do it effectively.

I want to commend the Sergeant-at-Arms who has been with us in this House for quite some time for a tremendous job that she has done again in this session and also to our RNC officer who is here every day for all of our protection, but more so to carry out the routine of the House and we appreciate the service. To the Commissioners as well, I know sometimes when we get into those long night sessions it cannot be easy to be sitting here in the lonely House in the galleries and acting as a Commissioner. I can hope, Mr. Speaker, that it makes for some great storytelling for all of them when they get home and talk about their days of service in this House and some of the late nights and some of the speeches and some of the bills that were dealt with. I hope that their little reward for all of those late hours and all of that work will be a little bit of relaxation and a contribution to some discussion at the end of the day.

I want to recognize the people in Hansard and the people who run the media broadcasting. Of course, everything that we do here is about communicating messages to the public to ensure that the public view is represented, to engage their opinion in how we pass laws and what those laws should entail. The only way that you ever really do that effectively is with a good communications, and I think the fact that the House of Assembly has been openly broadcasted and so have the discussions has made for a lot more discussion across the Province as well. It has enabled people to be able to pass their opinion on many more issues and to do it in a much more effective manner. So I thank them for the service that they provide.

I will not get into a lot about the media, but I will say, Premier, it does not matter some days if you are in government or if you are in Opposition, there are going to be days when we love the media and there are going to be days when we do not actually love them, we just like them a lot. It is the way, I guess, the process works. What I would say is that what we do here needs to always be communicated effectively and the only thing I ever expect from the media is to bring a balance to every single issue that we do and that makes sure that all of us have our view and our say and the public decides at the end of the day what side of an issue they come down on but it is important to communicate the information no matter which piece of it that you are involved with.

I am not going to make much more comment other than to say to all the members of the House I hope you have a good summer. I hope you have to time to enjoy it with your family, to get to see a part of the Province, and of course as I will be doing – I am sure you will be doing – working hard with your constituents over the next few months to ensure that your regions that you represent are well looked after and that you are always strategizing for the next year and the next two years in terms of what you do to make the districts that you represent run better and more effective for the people who live there.

So I wish you all a safe summer and I hope that you get an opportunity to get out around the Province. If any of you are visiting my district, the door is open and you are always welcome. I know a number of the ministers every summer have taken an opportunity to come, and I certainly invite all of you regardless of the capacity that you are in. I think it is always nice to see other areas of the Province, to learn about those regions, and to see how things work.

As you go in this Province, it does not matter what part of Newfoundland and Labrador it is, the hospitality is always there and that is the one thing that we have always been proud of. Whether our economics have added up to where we wanted it to be or not, we have always been very proud of who we are, the fibre of who we are in Newfoundland and Labrador, and that hospital is there for everyone.

Thank you very much and have a good summer.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The hon. the Member for the District of Signal Hill-Quidi Vidi.

MS MICHAEL: Thank you very much, Mr. Speaker.

It is an honour to stand today and to stand as the Leader of the New Democratic Party, though I am the only one over here, and to join with the Premier and with the Leader of the Opposition in recognizing the tremendous honour that we have to be in this House, that we are here because people have entrusted us to be here. I think that is something that all of us share.

I do believe it is the thing that does glue us all together, that we all think of the people who voted for us, the people who want us here, and the people who want us to bring the issues that we bring here to this House. Without them, we would not be here. Without them, there would be no voice. Without them, we do not have meaning. So, it is an honour to be here.

We could not do what we do without everybody who is in this House, without all of the officers of the House as has been pointed out by both the Premier and the Leader of the Opposition, by the hidden ones, the ones who are down controlling all the media that has us out on television every day, those workers who are hidden down below in this building, the Hansard workers, all of the staff of the House of Assembly.

I would particularly like to mention, and I think everybody will understand why, my own staff because it is true that I am here in the House by myself but I have a tremendous group of people who are there doing research for and with me, and supporting everything that I do. In many ways they have to play the role of another elected person. They are the ones that I get to sit and share my thoughts with and figuring things out with. I do want to recognize them, and I think we should be proud of the fact that because of things that happen in this House and because of the Green report that in actual fact we do recognize in this House – it did not just happen because of the Green, I think we moved towards it, but now we do have it particularly because of Green, the recognition that all of us who are elected, whether it is one person from a party, four, or forty-three, or two, it does not matter, we all have the right to be here, the obligation to be here and have the resources to do our work. I really want to recognize that, the people who are behind us who are doing the research, who are helping us every day. I am always particularly aware of that when I am here.

I am not going to go on much longer but to say I too appreciate this Province. I have had a lot of, I think, real privileges in my lifetime, one because of working in various parts of the Province and then because of the work that I did, the real privilege of, for example, getting such a wonderful sense of Labrador. I have been in almost every single community in Labrador. I know what it is to fly from Nain over the mountains, over to Lab West, to fly over the caribou. The experience of our Province is such an exciting experience. I have been privileged over the years to experience that as well. I just always look forward to being able to go to new places and more places in the Province. Since I have been Leader of the Party, since I have been an MHA, I so look forward to the summer because I do look forward to going to places that I have not gone to before and to meeting more people. It is a tremendous privilege and I am aware of the fact that when we do that, and we need to recognize it, we are using public money when, as MHAs and leaders we are going out, so I am aware of the responsibility we have that when we are travelling around the Province to be present, to be available to people.

I have sometimes people come to me - I had it happen last Saturday actually when I was at the public event over in the Outer Battery when they had their first barbeque and one of the constituents came up to me and said: Oh, Ms Michael, I hope you do not know mind my saying this to you, I am making you work. I am saying: No, no, I am here. I am here so that you can speak to me. I am here so that you can bring issues and we are all like that. That is why we understand that there are two sides to the tremendous work that we do in the summer. For example, we are out there, we are at events, we are having fun, we are being with the people and at the same time we are listening, we are gathering and we are being available. So it is work, but it is work that is a privilege and it is work that is a hell of a lot of fun. So have a hell of a lot of fun this summer.

Thank you very much, Mr. Speaker, and I hope that was not unparliamentary.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: The Chair would just like to take this opportunity as well to wish everybody an enjoyable, safe summer. Not only Members of the House of Assembly but staff that we see here on the floor every day and the staff that make this place work. It has already been mentioned by speakers who have spoken before.

Summer is a time when I think we really get to enjoy the position of being a Member of the House of Assembly, when we get out and walk the roads and the paths and the lanes of the districts that we represent. If there is ever a joy in being a Member of the House of Assembly it is when we are out in our districts and on the wharf and by the slipway and on the beach talking to the people who allow us to serve here in this wonderful place.

Before I recognize the hon. Government House Leader, I would like to recognize a Page, Rebekkah Sheppard, who has served us for the last three sessions and this will be her last serving with us. Rebekkah is moving on to bigger things. She is going to be attending Queen's University to study law. So, I hope your experience here has been enjoyable.

SOME HON. MEMBERS: Hear, hear!

MR. SPEAKER: On behalf of all members, Rebekkah, we thank you, and Rebekkah is being supported here by her mother today who is sitting in the House of Assembly and watching her last session serving us.

I would like to thank all members for their co-operation and I would like to wish all members a safe, enjoyable summer and look forward to a safe return as we come back here in the fall to do the people's business.

The hon. the Government House Leader.

MS BURKE: Mr. Speaker, I move, seconded by the hon. Minister of Natural Resources, that when this House adjourns today it stays adjourned to the call of the Chair, that the Speaker, or in his absence from the Province, the Deputy Speaker, may give notice and thereupon the House shall meet at the time and date stated by the notice of the proposed sitting, and that this House do now adjourn.

MR. SPEAKER: The motion is that this House do now adjourn until the call of the Chair.

All those in favour, ‘aye'.

SOME HON. MEMBERS: Aye.

MR. SPEAKER: All those against, ‘nay'.

This House now stands adjourned.

On motion, the House adjourned to the call of the Chair.