Thank you, Mr. Speaker.
Other Matters Raised by the Public
Conflict of Interest
A number of public submissions were received about conflict of interest, including extensive recommendations for amending provisions pertaining to Cabinet Ministers, Cabinet staff, and senior government officials. The latter three categories lie well beyond Members’ conduct as referred to this committee, and would require changes to the Legislative Assembly and Executive Council Act as well as other legislation and policy.
It was also suggested that the wording should be strengthened in the Legislative Assembly and Executive Council Act (and the Members’ Conduct Guidelines) respecting Members’ duty to “arrange (emphasis added) his or her private affairs in such a manner as to maintain public confidence and trust in the integrity, objectivity and impartiality of the Member.”
The committee is persuaded that there is merit in a public review of current conflict-of-interest provisions, particularly given new powers vested in our government as a result of devolution.
Recommendation 6
The Standing Committee on Rules and Procedures recommends that conflict-of-interest provisions of the Legislative Assembly and Executive Council Act and other relevant legislation and policy be the subject of a public review before the end of the 18th Assembly.
Recall Legislation
Several people urged the committee to recommend recall legislation that would provide for on-going accountability to the electorate during a Member’s entire term. Typically, such legislation requires a very strongly-endorsed petition that a sitting Member has lost support of his/her constituents, at which time the seat would be declared vacant and subject to a by-election.
Since it was adopted in British Columbia in 1995, no other province or territory has passed recall legislation. The hurdle to unseat an elected Member is necessarily high, and no recall petition can be submitted in the first 18 months of a BC Member’s term. Since 1995, 26 recall petitions have been approved by the Chief Electoral Officer, but none succeeded. In one instance, the Member resigned.
A private Member’s bill providing for a system of recall was attempted in our Legislative Assembly in 1995, prior to division of the territory. The bill was defeated on second reading.
The Standing Committee on Rules and Procedures believes that recall legislation may increase accountability of Members, but it is a significant undertaking outside the scope of Members’ conduct as outlined in the referral motion to the committee. Members thank all those who raised this issue, which underscored their messages that standards of conduct for candidates and Members’ must be very high.
Members’ Residency
The committee heard multiple suggestions that candidates for MLA should be residents of their ridings, and/or that they should live in their riding once elected. As noted earlier, restrictions on candidacy must be consistent with rights guaranteed in the Charter of Rights and Freedoms. The committee believes that residency is a matter for the electorate to consider before casting their ballots; however, this question is outside the scope of the committee’s mandate to review the Members’ Conduct Guidelines and associated legislation.
Lobbyist Registry
The committee appreciates the comments we received about an improved record of lobbying of Cabinet members. This is timely as Cabinet is consulting with communities on accountability and transparency. Committee members note this recommendation for an informative lobbyist registry to put it firmly on the public record, but this topic is again outside the committee’s mandate with respect to Members’ conduct.
Mr. Speaker, I will hand this back to the honourable Member for Frame Lake to read the conclusion. Thank you, Mr. Speaker.