MACLEOD QUESTIONS MINISTER OVER WITHHOLDING FREEDOM OF INFORMATION REQUESTS PDF Print E-mail
Thursday, 14 April 2011 10:48

Ms. Lisa MacLeod: To the Minister of Community Safety and Correctional Services. Did you, or any member of your staff, direct and advise staff in your ministry to withhold the release of freedom-of-information records that the Ontario Progressive Conservative caucus requested on cable television packages in jails?

Hon. James J. Bradley: I can't believe that we would ever contemplate doing any such thing. Freedom-of-information requests are made from various sources, including, in your case, your caucus; the NDP caucus; members of the public; and members of the media. ??They are processed in the normal manner, without my knowledge that you're asking a specific question. Eventually, the answer comes from the ministry, and to my knowledge, that most assuredly would not be the case.

The Speaker (Hon. Steve Peters): Supplementary?

Ms. Lisa MacLeod: Minister, this is very serious. The Ontario PC caucus submitted a freedom-of-information request last August 19 of last year. By September 27, the ministry had gathered all the records. The first sign something was up came a month later when the ministry said it had photocopied everything, but some parts of the copies were unreadable. Our records show that ministry staff was of the opinion that records would be in our hands no later than the end of November. They were off by five months.

Something is fishy, so I ask again: Did you or anyone in your office direct ministry officials to withhold those freedom-of-information requests?

Hon. James J. Bradley: I have a note from I believe the Information and Privacy Commissioner: ??acknowledgment of contentious issue process from the 2004 report. It says, "It is our understanding the Ontario government still has a process in place to give ministers information about disclosure of potentially controversial records under FOI, which on its own is not a problem. We are pleased that over the past year we have not seen any evidence to show this process is having an adverse effect on the 30-day statutory time frame for responding to the FOI."

There is a process that is in place. The ministry, and I think virtually all ministries in the government-as they would have had to do when you were in power-follow exactly the same process. That is why, when it was established originally, under legislation, there was a process that was set in place. This process is followed by ministries of the government, as it should be.

The Speaker (Hon. Steve Peters): Final supplementary?

Ms. Lisa MacLeod: The seriousness of this nature is appalling. When November passed without the Ontario PC caucus being given the records, we called the deputy FOI coordinator in your ministry. She reconfirmed that all materials were gathered, and she saw no reason why we shouldn't receive the records by the end of January.

L109-1040-14 follows

 

(Ms. MacLeod)

-Ontario PC caucus being given the records. We called the deputy FOI coordinator in your ministry. She reconfirmed that all materials were gathered and saw no reason why we shouldn't receive the records by the end of January.

1040

When the deadline passed, we called her again and she said she will have the records by the end of February. At the beginning of March, she emailed to say the records were going to be "sent in a week or two," but they never were.

It smells fishy, Minister. How can we believe that neither you nor any of your staff, political communications or otherwise, did not direct the ministry officials to withhold the FOI? Please answer that question.

Hon. James J. Bradley: There are wild allegations that keep coming from the opposition. I know you're on a fishing trip in this particular case.

I want to say to the member that we follow the appropriate process in any of the ministries of the government, including the ministry for which I am responsible. The information is gathered inasmuch detail as possible.

There are rules that are set out by the Information and Privacy Commissioner. I can say that, in comparing your previous government with our government in terms of the responses, that our rate of response has been 88, which is the best ever. When your government happened to be in power and your fellow colleagues were in power, the response rate at that time was only 50%. So there's a substantial improvement that has taken place over this period of time that must have-

The Speaker (Hon. Steve Peters): Thank you. New question.

Ms. Lisa MacLeod: Back to the Minister of Correctional Services. By April 1, the freedom of information records we requested on cable TV packages of provincial jails was 125 days overdue. The Ontario PC caucus had to call the deputy FOI coordinator of your ministry and told her the delay constituted, and I quote, "a deemed refusal." It was only when we threatened to haul you in front of the privacy commissioner, that you were finally forced to release those records. Even then it took two more weeks for the ministry to send them.

Why should anyone believe that you and your staff had nothing to do with withholding these records?

Hon. James J. Bradley: I want to correct something I said before, because I think it's important to be able to correct these. I know my friend Norm Sterling would want me to correct this. The response rate for our government is not 88%, as I said it was, in fact it's 91.5% compared to the 50% for the previous government, and we're striving to move it up. But yours was 50%; ours is over 91%. So I know he'd want to compare that.

I can say to the member that we make every effort to provide the information. I know that when her leader was asked in the hallway whether he would change the policy of his own government in regard to cable television, I believe his answer out there was no-

The Speaker (Hon. Steve Peters): Thank you. Supplementary?

Ms. Lisa MacLeod: Look, even the timing of when the records were finally delivered is fishy. The records were dropped off at the PC caucus on Tuesday afternoon. Before we could even open the envelope, a member of the Queen's Park press gallery already reported you were claiming credit for cancelling premium cable television packages at jails. Then, you were caught scrambling, running from office to office to office with the press gallery to try to spin your yarn.

Who can believe that no one in your office, whether it was you, your political communications team or others, did not interfere with the release of those FOI records while you scrambled to cook up your latest PR stunt?

Hon. James J. Bradley: First of all, can any member of this House envision me running down the halls? You usually don't get compliments from the opposition. I want to thank my member from Nepean for the compliment that I could rundown the halls. Some of your members might be in the same category, but I assure you, I could not do that.

The information was provided in a normal fashion that it is provided. I know your members have had some fun with it. Our members have responded to the fun that you have provoked-

L109-1045-14 follows

 

(Hon. James J. Bradley)

 ... normal fashion that is provided. I know that your members have had some fun with it. Our members have responded to the fun that you have provoked, but I want to tell the member that we follow the normal practice that has taken place and we're 91.5% and you were 50%-big improvement.

The Speaker (Hon. Steve Peters): Supplementary?

Ms. Lisa MacLeod: Minister, I can assure you it was so memorable yesterday. That's why we're raising it in the House that you were running down the halls on the third floor of this Legislature. Listen, Minister, we would like to believe you but something is really fishy. We would like to see for ourselves: Will you commit here and now that if we file an FOI request today, we will receive all correspondence between you or your political staff and the ministry with respect to our freedom of information request for records on premium cable packages of provincial jails within 30 day as prescribed by law?

Hon. James J. Bradley: Well, I want to say to the member that we will follow the normal practice which is followed. But I know the member would want to compare because she would say, "What was the record?" Before you got here, to be fair, before she got here, the PC record in FOI in 2003; some will remember, Jim, you will remember: Energy, 28%; citizenship and immigration, 49%; tourism, 8%; natural resources, 57%; culture, 60%; and finance, 68%. I can assure the member that we have moved overall to 91.5%. We're always striving to improve and the member will know that we will follow the normal procedure as established by the Freedom of Information Commissioner.