1994 Legislative Session: 3rd Session, 35th Parliament
HANSARD
The following electronic version is for informational purposes only.
The printed version remains the official version.
(Hansard)
FRIDAY, JULY 8, 1994
Morning Sitting
Volume 17, Number 13
[ Page 12985 ]
The House met at 11:05 a.m.
The Speaker: Good morning, hon. members. This is certainly a beautiful time.
Prayers.
Hon. G. Clark: First of all, I'd just like to abuse the rules for a second to thank members for their cooperation this last week. I think we accomplished a lot. No member gave up their right to speak in debate, yet we managed to complete a lot of business in the last week.
Secondly, it occurs to me that this may be the last time that some members will actually sit in the chamber, given the possibility, of course, that there may be an intervening election. So I would like to commend all members and wish them well in their future endeavours.
J. Beattie: Hon. members, there's a very familiar person in the House today sitting up behind the government benches. I know that we've all seen Lorenzo Bouchard walking around out front with his placard and when he talked to us about recall and initiative. I had the opportunity of reading his placard this morning, and it said: "Congratulations, hon. members." So I guess he's happy with us. Just in deference to the opposition, I asked him if he had something to say, and he said: "Well, as an old sea dog, the ship is pointed in the right direction, but there are still a few waves to get over."
R. Kasper: I too would like to welcome Lorenzo Bouchard as a constituent and as someone I consider to be a friend of mine. I would like to congratulate you on your efforts and endeavours over the past two and a half years in delivering your message to our members. Thank you very much.
C. Evans: I see in the gallery my LA, Ann Fraser, Sandra Peacock, and some other folks. I would just like to say that all of us should thank the people here who make us look good, who feed us, who open the doors, who lock us out and who look after the grounds, and also all the people who put up with us when we're so grumpy and so hard to get along with. But more than anything, I think we should put on the record some appreciation to those people who actually have to listen to us.
J. Beattie: Hon. Speaker, I made an oversight. Accompanying Lorenzo today is his son, Nathan. Nathan is here for the first time as well.
G. Wilson: I rise on a point of privilege. I have in my possession a letter dated June 22 to the Clerk of the Legislative Assembly from the conflict-of-interest commissioner, Mr. Hughes. In it, Mr. Hughes admonishes this member for only declaring a potential conflict under standing order 18 and not referring to section 9 of the Members' Conflict of Interest Act. This particular legislation had to do with the college pension act, under which this member has moneys invested and may, at some future date, receive moneys. At that time I removed myself from that debate and did not vote on that question, because I believed myself to be in a perceived conflict of interest.
I note that last evening, in debate on a miscellaneous statutes act provision regarding legal aid lawyers, the member for Matsqui mounted aggressive arguments both in second reading and in committee stage with respect to the provisions in the act that would remove remuneration from legal aid lawyers. I have in my possession a notice that that member received $15,255.45 directly from that process. I checked this morning with the Law Society of British Columbia, and I found only one member with that name registered in this province, in Abbotsford. I believe this to be a prima facie case of conflict. I will be putting that position to the conflict-of-interest commissioner, Mr. Hughes. In light of the fact that there is legislation pending, I understand, in October, for next session, I think that the Speaker should rule as to whether or not that member is indeed in conflict of interest.
C. Serwa: On that same issue, I think the Speaker is well aware that if we use such broad terms as conflict of interest for personal gain when we're looking at large groups of people, there is probably not a member in this Legislature who wouldn't fall into that specific classification. It may be in one field or another, it may have to do with union organizations or union representatives, or it may be in various business fields. The reality is that the individual is one of a large group. I perceive no direct self-interest or conflict of interest in that, and I think the Speaker has to be mindful of that particular aspect of this.
G. Farrell-Collins: I specifically recall a ruling by the conflict-of-interest commissioner with regard to the government cabinet members last year during the lead-up to the debate on Bill 31, which ordered teachers back to work. The Premier sought a ruling at that time with regard to his participation and cabinet members' participation in debates pertaining to teachers' salaries when they may in fact benefit, either directly themselves or through spouses. At that time, the conflict-of-interest commissioner was quite clear when he stated in his ruling -- and I'm trying to paraphrase, because I don't recall it word for word -- that when a benefit accrues to many in general and none specifically, it's no longer a conflict of interest. I think that case would apply very clearly in this instance.
Hon. G. Clark: Just on that point, the motion that the member for Powell River-Sunshine Coast wants to raise today is interesting. I think that perhaps the member who spoke just before me has put his finger on the issue: does voting on this deal with the many as opposed to the specific? It seems to me that the member for Powell River-Sunshine Coast is saying that he has information that the member for Matsqui specifically benefited to the tune of $15,000, and that the legislation we debated will have a direct pecuniary interest for that member.
Given that Mr. Hughes ruled that the member for North Vancouver-Lonsdale should not vote on the heritage legislation because he lives in a heritage home -- and of course, there are many people who live in heritage homes -- he was asked not to vote on it. The member for Powell River-Sunshine Coast was asked not to vote on the pension legislation because he may benefit at some future date. In this particular case, the member for Powell River-Sunshine Coast seems to be saying that in fact this is much more directly connected -- that the member for Matsqui specifically benefits today, has benefited over the last year and will benefit in the future from Legal Services
[ Page 12986 ]
Society contributions, and from that legislation that we have just passed. I might note that there were recorded divisions on both sections and that the member for Matsqui did participate, not only in the debate but actually in the vote. So there does seem to be a much stronger case.
Hon. Speaker, I'll just say that perhaps while this is under investigation by both yourself and the conflict-of-interest commissioner, it might be appropriate for the member for Matsqui to step down from his duties as an MLA while he's under investigation.
The Speaker: I'll accept one final submission....
Interjections.
The Speaker: Order, please. Hon. members, I am satisfied that we have had sufficient submissions. I will, however, recognize the hon. member for North Vancouver-Lonsdale on one final submission on this matter.
D. Schreck: I just want to correct one point for the record with respect to the Heritage Conservation Statutes Amendment Act, 1994, and my case. I submitted all of the documents pertaining to my home to Mr. Hughes, and obtained a ruling that I would not be in conflict and could participate if I chose to. But I felt that I should not participate until I had provided all of those documents and obtained a ruling.
The Speaker: I appreciate the member for Powell River-Sunshine Coast bringing the matter to the Chair's attention, and the matter will be taken under advisement.
I have the honour of presenting the 1994 annual report of the Legislative Assembly Management Committee.
[11:15]
Hon. members, His Honour the Administrator is in the precincts and will be with us momentarily. Would members please remain in their seats.
His Honour the Administrator entered the chamber and took his place in the chair.
Law Clerk:
Financial Administration Amendment Act, 1994
Local Government Grants Act
Heritage Conservation Statutes Amendment Act, 1994
Municipal Affairs Statutes Amendment Act, 1994
Medical and Health Care Services Amendment Act, 1994
Land Title Amendment Act, 1994
Environmental Assessment Act
Municipal Amendment Act, 1994
Miscellaneous Statutes Amendment Act, 1994
Forest Amendment Act, 1994
Recall and Initiative Act
Health Statutes Amendment Act, 1994
Forest Practices Code of British Columbia Act
Community Financial Services Act
Petroleum Corporation Repeal Act
Finance and Corporate Relations Statutes Amendment Act, 1994
Miscellaneous Statutes Amendment Act (No. 2), 1994
Residential Tenancy Amendment Act, 1994
Family Maintenance Enforcement Amendment Act, 1994
Pension Statutes Amendment Act, 1994
Liquor Distribution Amendment Act, 1994
Miscellaneous Statutes Amendment Act (No. 3), 1994
Forest Land Reserve Act
Lower Fraser Valley Exhibition Association Amendment Act
Clerk of the House: In Her Majesty's name, his Honour the Administrator does assent to these bills.
His Honour the Administrator retired from the chamber.
[The Speaker in the chair.]
Hon. G. Clark: Hon. Speaker, I move that the House at its rising do stand adjourned until it appears to the satisfaction of the Speaker, after consultation with the government, that the public interest requires that the House shall meet or until the Speaker may be advised by the government that it is desired to prorogue the third session of the thirty-fifth parliament of the province of British Columbia. The Speaker may give notice that he is so satisfied or has been so advised, and thereupon the House shall meet at the time stated in such notice and, as the case may be, may transact its business as if it had been duly adjourned to that time and date. And moreover, in the event of the Speaker being unable to act owing to illness or other cause, the Deputy Speaker shall act in his stead for the purposes of this order.
Motion approved.
Hon. G. Clark: I move the House do now adjourn.
Motion approved.
The House adjourned at 11:20 a.m.
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