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Stephen Harper Breaks Pledge To Close Five Loopholes In Ethics Rules For Ministers

Harper Playing with Balloons

Democracy Watch || February 24, 2006

[KDR: Surprise, Surprise.]

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OTTAWA - Today, Democracy Watch revealed the details of the promises Stephen Harper broke on his first day as Prime Minister when he released his new Conflict of Interest and Post-Employment Code for Public Office Holders (the Code -- See link to the Code on the following webpage: http://www.parl.gc.ca/oec/en/public_office_holders/conflict_of
_interest). The promises were all contained in the “Federal Accountability Act” section of the Conservative Party’s election platform, and on February 6th when the new Cabinet was introduced PMO officials claimed that the changes made to the Code were among many measures the new Prime Minister had implemented immediately because they did not require legislation to be implemented.

Prime Minister Harper and the Conservative Party pledged before and during the election campaign to close five loopholes in the Code. All five loopholes have been left open in the new Code (Please see Backgrounder below for all the details).

The first promise Harper broke was the promise to apply the Code to all ministerial staff and unpaid ministerial advisers. In fact, changes made in this part of the Code increase the number of part-timers and unpaid advisers not be covered by most of the requirements in the Code.

The second broken promise was the failure to extend to five years the cooling-off period before Cabinet ministers, ministerial staff and senior public servants can become lobbyists after leaving office. In fact, unless Cabinet ministers put ministerial staff on a list, the staff person will be allowed, as they were already, to become a lobbyist one year after they leave their staff position.



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The Prime Minister’s Office was also dishonest about the failure to keep this commitment in the February 6, 2006 news release it issued. The “Backgrounder” of the release, under the heading “Reinforcing Government Accountability”, made the false claim that the revisions to the Code:

“include: • a five-year ban on former ministers, ministerial staff and senior public servants from acting as lobbyists to the Government of Canada, a ban which cannot be waived or reduced by the Ethics Commissioner.” (SEE release at: http://pm.gc.ca/eng/media.asp?id=684)

• The third broken promise was the failure to close the loophole that allows ministers to handle files and vote on matters that are connected to their business interests. In fact, this loophole was left untouched by the Prime Minister, and creates an opening for party-switching International Trade minister to handle the softwood lumber file even though he has a conflict of interest based upon his retirement pension plan with Canfor Corporation, the forestry company he headed up until he became an MP in June 2004.

• The fourth broken promise was the failure to prohibit “venetian-blind” trusts that allow ministers to stay informed about their business interests while in office. In fact, such trusts are still allowed under the new Code -- only the circumstances under which ministers can be informed have been restricted.

The fifth broken promise was the failure to allow members of the public to file complaints with the federal Ethics Commissioner. In fact, the new Code only allows the public to bring an issue to the attention of an MP or senator, but the MP or senator has to file the complaint, and the Ethics Commissioner is not even required to investigate the complaint.

“On his first day as Prime Minister, Stephen Harper with some of his Cabinet appointments showed that he’s hypocritical. By failing to keep his pledge to close five loopholes in ethics rules for Cabinet ministers, Cabinet staff and senior bureaucrats he’s showed that he’s dishonest,” said Duff Conacher, Coordinator of Democracy Watch.

The broken pledges show the clear need for a federal “honesty-in-politics” law with high penalties for anyone in the federal government who acts dishonestly. Every poll conducted in the past several years shows that passage of an honesty-in-politics law is Canadians’ number one priority in the area of government accountability, and a top-five priority of Canadians overall.

Democracy Watch will file a complaint with the federal Ethics Commissioner against Prime Minister Stephen Harper for violating the Code by breaking the pledges and issuing a misleading news release that about the broken pledges. Among many other rules, the Code requires that public office holders “act with honesty and uphold the highest ethical standards so that public confidence and trust in the integrity, objectivity and impartiality of government are conserved and enhanced.” (subsection 3(1))

Democracy Watch filed a court challenge of the Ethics Commissioner last on September 29, 2005 for bias against maintaining a reasonable standard of enforcement of federal ethics rules for Cabinet minister, ministerial staff, and MPs. As a result, unfortunately Democracy Watch does not expect that the Commissioner will issue a fair, impartial ruling on the complaint. Democracy Watch expects long-term court challenges will be necessary to obtain fair rulings on this and several past complaints it has filed (TO SEE details about Democracy Watch's court challenge of the federal Ethics Commissioner, and past ethics complaints, click here)

FOR MORE INFORMATION, CONTACT:
Duff Conacher, Coordinator of Democracy Watch
Tel: (613) 241-5179
dwatch@web.net

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