Debates of March 30, 2004 (day 11)

Thank you, Mr. Speaker. My questions this afternoon are for the Premier. They relate to the whole area of our government’s application of policy and the measures by which we apply that. It was interesting yesterday afternoon, Mr. Speaker, in response to a question from my colleague, Mr. Hawkins, that the Premier said the following, and I quote from the unedited Hansard, “Mr. Speaker, I have to say that policies are policies. They’re general directions and guidelines. They’re not one of the Ten Commandments. They’re not laws. There is room for some exception there where we can warrant it.” So I’m a little confused and I guess I’d like to start by asking the Premier if he could give us this afternoon Cabinet’s definition of policy. Thank you, Mr. Speaker.

Mr. Premier, Mr. Handley.

Return To Question 111-15(3): Consistent Application Of Government Policy

Mr. Speaker, a policy outlines an intention and a direction that the government is going to take. It basically describes a purpose, it describes some basic principles that we’re going to work through, it describes the scope of what we will do and what’s covered by the policy and what it’s impact will be. It also includes some background on how the policy will be implemented, what the authority and accountability is.

As well, Mr. Speaker, it also includes a section which says that the prerogative of the Executive Council, which if I may read says, “…nothing in this policy shall in any way be construed to limit the prerogative of the Executive Council to make decisions or take actions respecting the provisions in the policy.” So, Mr. Speaker, it’s a statement of what we are intending on doing. There are times, Mr. Speaker, where there are conflicting or two different objectives and we have to determine which is the highest priority. There are times and there have been cases in the past where exceptions have been made to policies and it will probably continue in this government and future governments. We try to limit it and only do it where we really haven’t got much choice in weighing alternatives. Thank you, Mr. Speaker.

Supplementary, Mr. Braden.

Supplementary To Question 111-15(3): Consistent Application Of Government Policy

Thank you, Mr. Speaker. That’s a helpful discussion of the fluid realm in which policy is stated. I’m not challenging that Cabinet should have the authority at times to make exception. I think that is a valuable part of our institution. However, as the Premier said yesterday, where we can warrant it. Principles like this come into play very dramatically, especially when you’re a business person. So, Mr. Speaker, what I’d like to ask now is, what criteria are in place. Can the Minister put some shape and some form and some scope to what the criteria are that would guide Cabinet when making an exception to a rule becomes warranted? Thank you.

Mr. Premier, Mr. Handley.

Further Return To Question 111-15(3): Consistent Application Of Government Policy

Thank you, Mr. Speaker. I have to say that in the cases in my experience where the government has had to make an exception to a policy have been driven by competing objectives where we have more than one objective. In the case that the Member is referring to, it has to do with the need for affordable, adequate housing in communities as opposed to ensuring maximum northern benefits. Which one is going to be weighed more highly? We often, Mr. Speaker, make exceptions in another area. Another area as an example is on negotiated contracts. We have a policy on tendering everything and putting it out and advertising it, but we often have negotiated contracts. Again, we have an objective there: a northern benefit, a local benefit versus getting the best price.

Mr. Speaker, the reason we have policies is that we need to have some direction. We want to give the public clear direction of how we’re functioning as a government. At the same time, we don’t give a policy the same sort of stature we would have to a law, for example. If we don’t want to make exceptions to it, then make it into a law. If we want to leave ourselves some flexibility on competing objectives, keep it as a policy. Thank you, Mr. Speaker.

Supplementary, Mr. Braden.

Supplementary To Question 111-15(3): Consistent Application Of Government Policy

Mr. Speaker, then to the business community doing business with this government, and we are a major part of the economy here, how then do I take that kind of an explanation and work it into my business plan so that I know that there’s going to be some consistency, some predictability, some stability to how I operate my business and how I do business with the GNWT? Thank you.

Mr. Premier, Mr. Handley.

Further Return To Question 111-15(3): Consistent Application Of Government Policy

Mr. Speaker, as I mentioned before, there are times when it is necessary to make an exception to a policy. Those times we like to keep to a minimum. We very seldom make exceptions. In fact, if we take the business incentive policy, for example, to my recollection there have only been three exceptions made to it. On tendering, we do that much more frequently. The business community is very aware that we have the BIP. They’re very aware that we tender a lot of things, but also very aware that we negotiate some contracts, we do some as sole source, we do some as standing offers. They know there are a variety of ways and depending on their interest they may promote one more than another one. The environment cannot be absolutely certain for them, but at the same time they know we have a policy that generally and by far that most of the time we are going to follow the policy. There will be opportunities or situations where we feel we need to make an exception. Thank you, Mr. Speaker.

Final supplementary, Mr. Braden.

Supplementary To Question 111-15(3): Consistent Application Of Government Policy

Would the Minister commit to developing and putting to this Assembly and the business community some list of criteria that would help the business community make some judgments about when it is or is not a good idea to get into business with this government? I’m not getting a whole lot of security really that this Cabinet wants to do business on a level playing field. Can you tell us how you might go about setting out those rules more clearly? Thank you, Mr. Speaker.

Mr. Premier, Mr. Handley.

Further Return To Question 111-15(3): Consistent Application Of Government Policy

Mr. Speaker, it sounds like the Member is asking me to have the government do a policy on when we make exceptions to policies.

---Laughter

That might confuse the whole thing even more. Mr. Speaker, the Department of Resources, Wildlife and Economic Development is working on a contract registry. They’re doing some work in the whole area with BIP and how we do our business. We are going to continue to work on that. We’re going to continue to try to improve on our communications when we need to make an exception. I can assure the business community that by far we will find that we are following our policies. If we need to communicate where we need to make exceptions or exceptions are necessary, then I hope that we can communicate that very well. The business community, I don’t think, would find that there are many exceptions at all and will generally find that doing business with our government is a great opportunity for them in many cases. Of course, there are some companies that probably do very little business with us. Most of their business is with the private sector. That’s going to continue. Thank you, Mr. Speaker.