Thursday, June 12, 2008

Auditor faced government barriers (Chronicle Herald)

Auditor faced government barriers



Nova Scotia's auditor general slammed the MacDonald government Wednesday for secrecy regarding some documents dealing with its immigration program.

Auditor General Jacques Lapointe said he encountered "significant restrictions" while trying to gather information for his special report on the failed economic stream of the nominee program.

"We were denied a large number of documents based on claims they were either confidential cabinet documents or subject to solicitor-client privilege," he wrote in the report, released Wednesday.

Mr. Lapointe said executive council and Treasury and Policy Board said his office didn't need the confidential cabinet documents to do its work.

"This is not their decision to make," he wrote.

Mr. Lapointe said auditors are allowed to view any government documents, including payroll and medical records.

Just because he sees them doesn't mean they will be made public, the auditor general said.

"We divulge only what is appropriate to divulge," he told reporters at the legislature Wednesday.

Nova Scotia is the only jurisdiction in the country that denies an auditor general legal documents and only one of four provinces that deny cabinet documents, the auditor general said.

He said his responsibility is to present his findings to the House of Assembly.

Premier Rodney MacDonald said cabinet confidentiality is important, adding his government did share thousands of documents with the auditor general. He said his government is not going to change its position on the documents it withheld.

"We are more open and transparent than any other government previous to our government," he said Wednesday.

"We are in line with what's happening across the country and on this one, we agree to disagree with the auditor general."

NDP MLA Graham Steele said he suspects the government is withholding documents to protect the premier and his reputation.

"He is the one constant on this whole file. He was a cabinet minister when the agreement (with Cornwallis Financial Corp. to run the program) was signed. He was the first minister of immigration. He's now the premier who is directing the government to withhold documents. That's the only explanation that makes sense for what the government is doing now."

When asked if anyone should quit over the handling of the program, Mr. Steele said: "Should the minister of immigration resign? In a way, that's like saying Pinocchio should take the fall for something Geppetto did.

"The responsibility for this is on the premier's desk."

Mr. Steele said the auditor general should seriously consider taking the province to court to get the documents. Mr. Lapointe said he would not rule anything out.

Economic Development Minister Angus MacIsaac said it's not as if the province's doesn't trust Mr. Lapointe to keep the documents confidential.

He said the worry is that giving the papers to the auditor general would signal the government was waiving solicitor-client privilege.

Mr. MacIsaac said that could affect its legal battle with Cornwallis, the company hired in 2002 to run the mentorship program.

The province's contract with Cornwallis ended in June 2006.

"The courts might compel the auditor general to turn over those documents whether he wants to or not," Mr. MacIsaac said.

He said the withheld papers represent just six per cent of the 20,000 documents that were provided to Mr. Lapointe's office.

Liberal MLA Diana Whalen said it is "stunning" Nova Scotia is the only province to refuse to giv e documents to an auditor general because of solicitor-client privilege.

( asmith@herald.ca)

http://thechronicleherald.ca/Front/1061613.html