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April 16, 2003

Self Regulation - Foxes and Hen Houses

What does Enron style accounting have in common with changes being made by the BC government? To answer that question, read the April 15th stories on the business pages about the Securities and Exchange Commission appointing William McDonough, retiring president of the Federal Reserve Bank of New York, as head of the Public Company Accounting Oversight Board. The US Congress created the Board in the wake of the Enron scandal and gave the SEC the authority to appoint its chair (paid over $500,000 US per year).

The Enron scandal focused attention on the conflicts of interest that arise when auditors ignore their responsibilities because their consulting arm is also doing business with a client. The principle of separation of powers is fundamental to good organizational design and is finally being applied to auditors. Why can't the Campbell government understand that it is a very bad idea to put the fox in charge of guarding the hen house?

During estimates debate on the morning of April 10th, Opposition Leader Joy MacPhail questioned Minister of Sustainable Resources, Stan Hagen, on why his ministry laid off 9 biologists. The Campbell government is building a "data warehouse" to be used for decision making ranging from land use decisions to the management of wildlife. At a staged cabinet meeting on October 24, 2001, Hagen speculated on how such data could be used for entrepreneurs to make decisions at the click of a mouse. Inaccurate or incomplete information could have very significant consequences. The Campbell government appears to be depending on the private sector for collecting data with no checks and balances - no separation of power. It is not that the public sector is good and the private sector is bad, as Hagen tried to characterize the criticism he was receiving. It is a matter of separating powers so no one is in the position of benefiting from dual responsibilities; you don't ask the fox to guard the hen house.

The following is part of the debate as recorded in Hansard for April 10th:

Hon. S. Hagen: In order to operate efficiently and within our budget, we have instituted and struck up a number of partnerships. We have partnerships with five licensees where we share data on forestry and hydrology and wildlife and other information. We have partnerships with the federal government of Canada. We have partnerships with B.C. Hydro. That has allowed us to operate very efficiently and still provide the information we need to make good, science-based decisions.

J. MacPhail: Could the minister name the five licensees, please?

Hon. S. Hagen: Canfor, Weldwood, Weyerhaeuser, Slocan Forest Products and Lignum.

J. MacPhail: Excuse me? Partnerships with the private sector who have a vested interest in the decisions? It's their information upon which the government is relying to make land use decisions?

Hon. S. Hagen: Is the member opposite suggesting that professional biologists who work in the private sector are not professionals and will not provide accurate information?

J. MacPhail: Answer the question. It is not about the integrity of the individual; it's about the source of the information. Is the minister suggesting that in land use decisions he claims are 100 percent science-based, the information for making those decisions comes from the very companies who benefit from those decisions? Can the minister spell "conflict"?

Hon. S. Hagen: I'll repeat my question to the member opposite with regard to the professionalism of these individuals who are working together with our professionals. We created the professional biologists act to make sure that objectivity would be in place. Is the member opposite suggesting that only people who work in the Ministry of Finance should be able to do audits on financial statements?

J. MacPhail: Yes, I am, when it comes to taxes. Yes. That's the way it works.

If government is going to rely on "partnerships" for gathering key decision making data, then government needs independent auditors to verify the accuracy of the information. Nothing was said by Hagen on how he will guarantee the accuracy of the data when he is laying off the staff who would do the checking.

 

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