ST. JOHN'S, N.L. — The House of Assembly’s Privileges and Elections Committee has proposed sweeping change to the way harassment complaints are handled by the provincial legislature. It will cover both the elected members of the House of Assembly (MHA) and staff members, who are not covered by the anti-harassment policy already in place for the broader public service.
The House has been operating under an “interim” policy.
It all follows a period of public uproar at the legislature, beginning in April 2018, as allegations of bullying and harassment resulted in the ousting of MHAs Dale Kirby and Eddie Joyce from the Liberal cabinet and caucus, while investigations into complaints against them were being launched. They both now sit as independents.
Concerns about the process were expressed on multiple fronts, by all parties involved.
After a lengthy and detailed review, the House Privileges and Elections Committee — including Liberal MHAs Scott Reid (chair), John Finn and Pam Parsons, as well as Tory MHA Keith Hutchings and NDP MHA Lorraine Michael — is recommending future complaints go to the Office of the Citizens’ Representative, and individuals involved remain confidential.
“The complainant, respondent and witnesses must sign a confidentiality agreement at the beginning of the process,” states a newly proposed harassment-free workplace policy for the House.
The identity of complainants would remain confidential regardless of the outcome, while any finding of impropriety and recommendation for sanctioning of a member would see that member named. Reports to the House would not include any details potentially identifying the complainant.
The Citizens’ Representative Act has explicit provisions — legal provisions — for secrecy around complaints.
“I think we can all say, and it certainly was part of every presentation that was made to us, that it was really important that the process of reporting and an investigation be removed from the jurisdiction of the House of Assembly,” Michael said, speaking about the committee’s work.
"I think we can all say... that it was really important that the process of reporting and an investigation be removed from the jurisdiction of the House of Assembly." — Lorraine Michael
The proposed new policy details the rights of witnesses, complainants and respondents in the case of a harassment complaint, a specific process for complaints and timelines for response.
It speaks about two, new positions — an “independent support adviser” and Citizens’ Representative “intake officer” — to be created to provide information to complainants, maintain records and guide the process.
The complaints process in 2018 was not well understood by members involved, and it fell to Commissioner for Legislative Standards Bruce Chaulk to stickhandle files of complainants through public leaks and comments.
The majority of complaints against Kirby and Joyce were ultimately dismissed once investigated, but not all. Both were later reprimanded by the House for violating the members’ code of conduct and asked to issue an apology. Joyce apologized for an interaction with MHA Sherry Gambin-Walsh, where he was accused of pressuring his fellow minister to give a friend a job in the public service. Kirby was asked to apologize based on comments made to MHA Pam Parsons at the 2016 Liberal convention. Parsons described the comments as “more patronizing” than anything, but inappropriate.
“Confidentiality is huge. And the work that’s been done now to amend the confidentiality aspects, it certainly would have been much different. Because in my case, for example, I made a confidential complaint. But that got outed, I guess, for a lack of a better way of saying it. So I think the changes and the work that’s been done, that we’ve done as an all-party committee, as a united force on this, certainly will bring great and well-needed improvements,” Parsons told reporters this week, summing up a key change.
In its final report, the Privileges and Elections Committee has put forward a harassment-free workplace policy for the legislature, proposed changes in the MHA’s code of conduct and changes to the House of Assembly Accountability, Integrity and Administration Act (directing relationship-based complaints to the Citizens’ Representative).
All still require the approval of the House. Change in legislation will be subject to debate.
“(But) that is our hope, that when the next assembly sits, they’ll be ready to put all this in place,” Michael said.
Twitter: @TeleFitz
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