Complaint ready to go, but MHA Tracey Perry wants independent investigation

A Progressive Conservative MHA who says she faced harassment and intimidation from former minister Eddie Joyce says she won't file an official complaint until the investigation is "completely independent of the government."

During question period at the House of Assembly on Wednesday, Fortune Bay–Cape La Hune MHA Tracey Perry told Premier Dwight Ball she did not have confidence in the current review process.

"I'm not comfortable submitting a complaint until the process for an investigation is changed," said Perry.

"Will the premier do the right thing and commit today to change this process and support the engagement of an independent body to investigate these complaints?"

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Commissioner for Legislative Standards Bruce Chaulk, on request of the premier, is set to conduct two separate investigations into the conduct of Joyce and former Education Minister Dale Kirby.

ServiceNL Minister Sherry Gambin-Walsh has also filed a complaint against Joyce.

Arms-length process already, premier says

Ball responded to Perry's concerns by saying the commissioner has the same independence as the Auditor General.

He said the House of Assembly confirmed Chaulk's appointment in December of 2016.

"In order for this person to be put in place, it went through an independent appointments commission," said Ball. 

"The opposition parties themselves said this individual has the knowledge and the expertise to do the job that he's taken on."

Ball said any issues Perry has should be taken to Chaulk, 

"If you're not satisfied with it, you should speak to the commissioner," he said.

The speaker of the house, Perry Trimper, reprimanded Perry for her question, saying it was a matter to take up with the House of Assembly Management Commission and not the premier.

"The questions were 'What are you going to do to change that?' Those changes can not be done by government, they're done by the entire House of Assembly," said Trimper.

All three parties are members of the management commission, he said. 

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In a statement Wednesday, Chaulk's office said "the reviews will be conducted with the highest possible standards, with complete impartiality and independence and with any resources deemed necessary."

No comments by Chaulk will be made until the investigation is completed, when the reports are delivered to Ball and the complainants.

Motion to implement legislative harassment policy approved 

Perry put forward a private-member's motion on Wednesday in the House of Assembly that was approved unanimously.

She asked the House to create a legislative-specific harassment policy.

She said it's been talked about for decades but "talk is cheap and progress is slow."

"We want to make sure that this is done and done right so that we never again have this type of situation in the future," she said.

The policy Perry wants enacted in the House is modelled after one adopted by the Nova Scotia legislature.

That province's policy defined harassment as "any behaviour, act, conduct or comment, whether sexual in nature or not, whether occurring on a one-time or recurring basis that the person knew or ought to have known:

• would be unwelcome and cause harm and offence.
• would demean, belittle, intimidate, threaten, distress, humiliate or embarrass.
• would affect a person's reputation.
• would endanger a person's job, undermine job performances, threaten economic livelihood or interfere with one's career.

But with the approval of the motion in the N.L. House of Assembly, nothing has changed yet in the house.

The exact parameters still need to be implemented.

Perry's motion resolved for the House to develop the policy through the Privileges and Elections Committee in consultation with all members, and with independent groups who have experience handling harassment complaints.