November
24, 2003
BC
Rail Legislation Missing
What
doesn't happen is sometimes as important as what does. On
November 24th, the beginning of the last week scheduled for
the fall sitting of the legislature, three new Bills were
introduced, but legislation on BC Rail was not included. The
sale of BC Rail will require enabling legislation. Since the
rules of the legislature require a minimum of three days to
pass a Bill into law, and since the legislature does not sit
on Friday, the BC Rail legislation must be introduced on Tuesday
or postponed until February. Rumours abound of a third alternative,
extending the fall sitting through the first week of December.
The fixed
legislative calendar is able to be "fixed" because
closure, sometimes called "time allocation", is
used to force the passage of all designated government Bills
by the scheduled adjournment date. After the government introduces
its last Bill for the session, time allocation takes effect
when the government House Leader informs the legislature which
Bills will be subject to time limits for debate. That hasn't
happened yet, and Tuesday is getting a little late to suddenly
announce that the rest of the government's agenda will be
forced through by adjournment on Thursday.
With 76
of 79 MLAs, no one should think that an extension of the legislative
session has anything to do with inability to manage the agenda.
It is more likely related to negotiations between CN and the
government over the precise details of the legislation, including
a possible indemnity to CN if the sale of almost $1 billion
in tax credits fails to gain necessary approval from Canada
Customs and Revenue Agency. The sale of those credits means
that everyone will have to pay more tax in order to cover
the business subsidy for the sale of BC Rail; that makes two
broken promises with one deal. If the Campbell government
is involved in behind the scenes negotiation on the details
of legislation, it should make that public and apologize to
the people of BC.
The Budget
Transparency and Accountability Act requires that a quarterly
report be made public by November 30th, covering the first
six months of the fiscal year. That report will likely be
released on Friday. Economic indicators released by Statistics
Canada and forecasts by the major banks suggest that the Finance
Minister's report will contain bad news. An extension of the
legislative sitting by a week in order to accommodate CN Rail
will not only give more exposure to that scandalous broken
promise and back room deal, but it will also give Joy MacPhail
and Jenny Kwan the opportunity to use question period to ask
Collins about his failed forecasts.
The thought
of handling questions from MacPhail and Kwan on failed economic
policies as well as on BC Rail, might mean the rumour of extending
the session is not true and that BC Rail legislation will
be introduced with only three days remaining in the session.
If that is the case, there will be no opportunity for public
scrutiny and little opportunity for meaningful debate before
it is rammed through, together with a half
dozen other controversial Bills that have received far
too little public scrutiny. In the hands of the Campbell government,
the fixed legislative calendar has become a tool for keeping
the public out of the public's business. One
of the three Bills introduced today was identified as an exposure
Bill that will be re-introduced in the spring session. There
is no reason why all of the controversial Bills could not
be set aside for public debate and re-introduced, amended
or dropped for the spring session.
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