September
22, 2003
No
"Freedom of Information" in Hogg's
Ministry
Minister
of Children and Family Development, Gordon Hogg,
appeared on AM 600's Rafe Mair show last week
and, as usual, claimed that "evidence based
research" exists to support cuts to his ministry.
That is the exact opposite of the position the
BC Liberals took when they were in opposition.
During
the June 25th staged cabinet meeting Hogg announced
a further $70 million in cuts; although they spun
it as an increase in funding relative to even
greater cuts that they had planned. Since that
time I have attempted to obtain the "evidence
based research" that justifies the $70 million
in cuts. The Ministry refused to do a records
search, and the Office of the Freedom of Information
and Protection of Privacy Commissioner refused
to process my initial appeal. The letter copied
below was sent by registered mail today.
Information
and Privacy Commissioner
1675 Douglas Street, 4th Floor
PO Box 9038 Stn Prov Govt by registered mail
Victoria, BC V8W 9A4
Attn:
Brenda Guiltner
Re:
Request for Information, Ministry of Children
and Family Development reference #2003-795;
OIPC File # 18117
A copy of my letter of August 28, 2003 (with a
typo corrected) is enclosed. I have not yet received
a response, or even a confirmation of receipt.
Upon
receipt of my initial request, the appropriate
course for the information officer in the Ministry
of Children and Family Development would have
been to email any staff who might have been involved
in the preparation of Minister Hogg's June 25th
"open cabinet" submission so as to ask
whether they are in possession of any "evidence
based research" that supports the cuts announced
that day. I expect that no documents exist, in
which case a letter back confirming that would
close the file. Of course it would also confirm
that the Minister misspoke. Instead the Ministry
has refused to conduct a records search and put
the request in the hands of a political public
relations handler.
Once again, this letter is a request for a review
of the failure to conduct a search for documents
as is clearly evidenced by the August 26th letter
from the Manager of Information and Privacy Policy
for the Ministry of Children and Family Development.
Should you remain unsympathetic to my request,
please put my file in the hands of your manager
or the Commissioner as that will be preferable
to leaving me no alternative but to apply to the
courts for a mandamus order.
Sincerely,
David D. Schreck
August
28, 2003
Another
Try, and Yet No "Evidence-Based Research"
The
Campbell government promised many things including
to be open and to hold monthly "open cabinet"
meetings. The last "open cabinet" meeting
was held on June 25th. Apparently, July and August
aren't in the New Era calendar. At the June 25th
meeting, Gordon Hogg announced a further $70 million
in cuts to his Ministry. Since that time I have
attempted to obtain the "evidence based research"
that Hogg claimed supports his cuts. Following his
June 25th announcement, the cuts were spun as backing
off on even deeper cuts that were planned; however,
those who will suffer the consequences of $70 million
in cuts will not celebrate Hogg's failure to make
them even deeper.
The
following letter was faxed to the Information and
Privacy Commission, once again appealing the refusal
of the Ministry of Children and Family Development
to produce the "evidence based research"
that appears to exist only in Hogg's imagination.
Information
and Privacy Commissioner August
28, 2003
1675 Douglas Street, 4th Floor
PO Box 9038 Stn Prov Govt by
fax only to (250) 387-1696
Victoria, BC V8W 9A4
Attn:
Brenda Guiltner
Re:
Request for Information, Ministry of Children and
Family Development reference #2003-795;
OIPC File # 18117
In my letter dated July 24, 2003, I enclosed 1)
a copy of my original request dated June 25, 2003;
2) a confirmation of receipt from Melinda Minkley
dated June 26, 2003; 3) a letter from Marie Worden
dated July 11, 2003; and 4) the cover letter from
Carol Carman dated July 21, 2003.
In my letter of July 24th I requested a review of
the failure to conduct a search for documents, and
the unlawful closing of my file. I received a reply
dated August 11, 2003, which said that "It
is the policy of the Office of the Information and
Privacy Commissioner to refer an applicant back
to the public body, where the complainant has not
first given the public body an opportunity to respond
to and attempt to resolve the adequate search issue."
While I could find no authority in the Act for your
policy, nevertheless I again wrote to the Ministry
of Children and Family Development. You received
a copy of that letter dated August 13, 2003. Accompanying
this letter is a copy of the Ministry's response
dated August 26, 2003. As you can see, the Ministry
of Children and Family development has again refused
to conduct a search for records that would substantiate
the June 25th claim by Minister Hogg that evidence
based research exists to support the $70 million
in cuts he announced on that date.
The
Campbell government decided to remove public information
officers from the public service and make them Order
in Council, political, appointments accountable
to the Premier's Office. It is not satisfactory
for a Ministry to refuse to conduct a records search
and simply refer the matter to the OIC Communications
Director. If no records exist to support the Minister's
claims, then the Manger of Information and Privacy
should say so. General references to vague "public"
documents are not an alternative to a records search
for the "evidence-based research" that
the Minister claims exists to support substantial
changes in the Ministry of Children and Family Development.
Once
again, this letter is a request for a review of
the failure to conduct a search for documents which
is clearly evidenced by the August 26th letter from
the Manager of Information and Privacy Policy for
the Ministry of Children and Family Development.
Sincerely,
David D. Schreck
August
13, 2003
No
Evidence for Cuts to Kids,
and No help from the Office of the FOI Commissioner
It
is not easy to get information out of the Campbell
government, but much of that is probably because they
are making decisions by the seat of their pants so
the supporting documents really don't exist. Since
the Minister of Children and Family Development, Gordon
Hogg, announced $70 million in additional cuts to
vulnerable children and developmentally disadvantaged
adults, I have been trying to obtain the supporting
"evidenced based" research. In response
to my appeal to the Freedom of Information and Protection
of Privacy Commissioner, I was told that their policy
is that applicants should make additional efforts
to get the information from the public body before
they will consider an appeal. Consequently, I faxed
a letter which together with my note to the Intake
Office in the Commissioner's Office is copied below:
Intake
Officer
Office of the Freedom of Information
& Protection of Privacy Officer
Accompanying
this cover sheet is the letter I have just faxed
to the Ministry of Children and Family Development.
I find it outrageous that the Ministry has refused
to open a file and do a proper records search in
response to my request, and I find it equally outrageous
that your office has advised that I should go back
and beg the Ministry exercise its responsibilities
under the Act before you will carry out your responsibilities
under the Act. Nevertheless, since it is less expensive
to humour you rather than to apply for a court order,
I have sent the accompanying letter. That letter
and this note will be posted to my website.
August
13, 2003
Ms.
Marie Worden
Manager of Information and Privacy
Ministry of Children and Family Development
PO Box 9702 Stn Prov Govt by
fax only to (250) 387-0817
Victoria, British Columbia V8W 9S1
Dear
Ms. Worden:
Re:
Ministry of Children and Family Development File #2003-795
I
make this request pursuant to the Freedom of Information
and Protection of Privacy Act. In your letter dated
July 11, 2003, I was told that my request for the
evidence referenced by Minister Hogg in the "open"
cabinet meeting of June 25th is "readily available
in the public domain" and therefore you refused
to do a thorough record search as required by the
Act, in fact you closed my file and asked the Communications
Director to answer my enquiry.
The
documents I received from Ms. Carman together with
her covering letter dated July 21, 2003, did not answer
my request unless one interprets "evidenced based"
as simply meaning that reducing the workload (number
of children in care and number of investigations)
means that the staff and other resources can be reduced.
Most people would interpret "evidenced based"
as relating outcomes for at risk children to the actions
of the Ministry. For example, when the Ministry decided
to replace group homes with foster homes for high
risk children, there should be some evidence that
there will be improved outcomes for those children;
or when the Ministry decided to do fewer investigations
of possible child abuse or neglect, there should be
some evidence that there not only aren't any negative
consequences for at risk children, but that the children
are somehow better off as a result of no investigation
taking place. On the basis of the documents provided
by Ms. Carman, it appears that the Ministry interprets
"evidence based" as nothing but a budgeting
concept; less care means less budget.
I
appealed your refusal to do a thorough records search
only to be told in a letter dated August 11, 2003,
from Brenda Guiltner from the Office of the Information
& Privacy Commission that their policy now is
to require applicants to give public bodies another
chance before they will investigate. Consequently,
I am hereby again asking for what evidence based research
the Ministry has that supports the approximately $70
million in cuts identified by Minister Hogg in his
June 25th cabinet presentation.
If
the position of the Ministry is that "evidence
based" simply means that staff and other resources
can be cut as the Ministry neglects children, then
simply say so and no further records search will be
necessary. While I am skeptical, I hope that the Ministry
can produce some research that supports better outcomes
for children as the result of the additional $70 million
in cuts. This request is for that evidence.
Sincerely,
David
D. Schreck
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