Thank you, Mr. Speaker. Seeing as we’re talking about regulations being amended, in September 2007 the Contract of Indemnification Exemption Regulations was amended to allow for specific indemnity in the concession agreement. This happened on September the 27th of 2007, the day before the concession agreement was in fact signed by the previous government. I’d like to ask the Minister why that regulation was amended, which would have meant that the Cabinet had 14 days to inform Members of that decision to indemnify the lenders, but that was amended and Members weren’t notified. I’d like to ask the Minister how that could happen. Thank you.
Thank you, Mr. Ramsay. The honourable Minister responsible for Transportation, Mr. McLeod.
Thank you, Mr. Speaker. We followed all of the FAA rules. I believe the Finance Minister of the day also was involved in this decision, as were the Members of Cabinet. Mr. Speaker, the rules allow that the contracts that are exempted are also excused from the 14-day notice. Mr. Speaker, that’s the practice that almost every request or every decision of this nature has been following and we were no different. Thank you.
Thank you. I find it highly convenient that the government would waive the requirement to give Members at least 14 days’ notice regarding the indemnity the day before the concession agreement was signed and I’d like to ask the Minister who ultimately is going to take responsibility for that happening. Thank you.
Thank you. The Member knows I’m in a difficult situation. He’s asking me to second guess the decision of the previous government, previous Cabinet and the Minister of the day. I’m not willing to do that. Mr. Speaker, the decisions were made, I can’t look through a lens of hindsight and say why, why, and this is why, give rationale. The practice was followed, no rules were broken, we’ve been audited twice now and I should point out we are audited every year for this project by the Auditor General for the financial budgets. Never has there been a concern of any rules being broken and it’s also not fair for me to be trying to explain for other Ministers, but that’s the reality. Thank you.
Thank you. It is a difficult position to be in, but some of my colleagues across the way were there when these decisions were made. The decision was made to change the regs the day before the concession agreement was done, which, for all intents and purposes, meant that the former government, the previous government was fully intent on getting this project done despite anything else. They wanted it done, they got it done, Mr. Speaker. What I can talk about today and I can ask the Minister this question: where does the responsibility lie for a February 2008 decision of Cabinet to change the regulations once again allowing for an indemnity in the lender protection agreement in favour of the trustee and the lenders? Whose responsibility is that, Mr. Speaker? That’s this government. Thank you.
There have been two occasions within the life of this project that the indemnity requirements have been waived. It was as per the FAA rules. All protocol was followed. The Member is insinuating it was done because there was a desire to ram this project through. It was done because there was a need to move forward, decisions needed to be made and it’s no different than any other time that these rules were waived. It’s been done at least 20 times since 1999, Mr. Speaker. So if the Member thinks or is insinuating we did something different, this is standard practice. Thank you.
Thank you, Mr. McLeod. Final supplementary, Mr Ramsay.
Thank you, Mr. Speaker. It’s also not every day that the government puts close to $200 million of taxpayers’ money squarely at risk. Mr. Speaker, again, I want to get back to the question of responsibility and accountability. Now, in February of 2008, the regulations were amended once again, and again I’m going to ask the question, who is going to take responsibility for those regulations being amended to again put us at further risk, Mr. Speaker? Thank you.
Thank you, Mr. Ramsay. The honourable Premier, Mr. Roland.
Thank you, Mr. Speaker. The Member has raised this issue a number of times in the past and, in fact, again, questioning this government about a previous government decision on what’s to be happening. Clearly it’s laid out in the Financial Administration Act. There is process to request indemnification in this process clearly laid out and Members are aware of that. So that process was done and it’s the FMB that votes on any of those decisions. Thank you, Mr. Speaker.
Thank you, Mr. Roland. The honourable Member for Weledeh, Mr. Bromley.
