Thank you, Mr. Chairman. Mr. Chairman, on November 7, 1994, the standing committee held a public hearing to review Bill 16, An Act to Amend the Legislative Assembly and Executive Council Act, No. 2. The bill proposed to amend the present legislation in a number of ways. It would allow a Member to request advice from the Chief Commissioner of the Conflict of Interest Commission. It would allow Members and former Members to ask the Chief Commissioner for permission to enter into a contract with the government, and it changes the reporting requirements of the clerk of the Assembly and the Conflict of Interest Commission with respect to disclosure by Members. These amendments are proposed in response to a report of the Conflict of Interest Commission. In particular, the commission noted that the Chief Commissioner was unable to advise Members of the Legislative Assembly on their obligation under the act with respect to conflict of interest provision.
The Honourable John Pollard, as Government House Leader, appeared before the committee on November 7, 1994, to present the bill and respond to the committee's questions and concerns. In discussing the origin of the bill, it was noted that the act currently spells out conflict of interest in black and white terms. Either there is a conflict or there isn't. However, the north, with it's small population and limited business community, may not be in the public's best interest to strictly prohibit some form of activity by Members of this Legislature. Some contracts may be innocent and in the public interest. In effect, the amendments generally relaxes the provision of the act to allow for interpretation of the grey areas and strikes a balance between protecting the public interest and allowing, in certain circumstances, Members and former Members to hold contracts with the government.
The committee discussed their concerns about urgent situations where the Chief Commissioner may be required to render a ruling or dispense advice immediately. It was noted that while requests for advice have to be in writing, requests for contract authorizations do not. Urgent matters of potential conflict respecting contracts could be dealt with most immediately. The committee was particularly concerned that some aspects of the proposed amendments are not found in other jurisdictions. In effect, the bill proposes to allow contractual activity between elected Members and the government. Generally speaking, other jurisdictions prohibit this kind of contractual activity between government and former Ministers. The committee feels that the Legislative Assembly must recognize that this bill would create a legal instrument -- not merely a code or guidelines -- that allows elected Members, former Members, and Ministers to do business with the government under specific circumstances. The committee urges the Assembly to ensure that the duty to the public interest remains first and foremost in the minds and actions of all Members.
During its review the committee passed motions to amend clause 6 and 8 of the bill. The amendment to clause 6 was made to include an exception to the confidentiality of the closure documents that was omitted in error. The amendment to clause 8 corrected an error in tense in the English version. Mr. Chairman, on Monday, November 7, 1994, the standing committee on legislation passed a motion that Bill 16 was ready for consideration in committee of the whole as amended and reprinted. Mahsi cho.