Well past time for IRAC report to be released: Walker

When will a report prepared by the Island Regulatory and Appeals Commission into what is commonly known as the Brendel land transaction ever see the light of public scrutiny?

That question is front and centre as one legislature committee completes its study into the report it had to subpoena from Bloyce Thompson, who holds the dual ministerial portfolios of Agriculture and Land, and Justice and Public Safety, on the condition it could not reveal its contents. That is despite the fact Thompson has been insisting for months that “nobody wants this report released more than me.”

It is the latest twist in a long and involved story that began in early 2019, when three companies with ties to the Irving family applied to the Island Regulatory and Appeals Commission to purchase 2,200 acres in the Freetown area from Brendel Farms. The commission recommended the sales be turned down and the former Liberal government of Wade MacLauchlan agreed.

Just months after the Dennis King Conservatives came to office, Thompson found the file on his desk. Brendel Farms incorporated another company known as Haslemere Farms Limited on July 17 of 2019. Ownership of the land in question was transferred from Brendel to Haslemere Farms. Rebecca Irving then purchased Haslemere Farms and changed the company name to Red Fox Acres Limited.

Thompson then asked IRAC to look into the sale. After seeing the report, the minister declared there are “reasonable and probable grounds” that two individuals and Red Fox Acres Limited have violated the holding limits of 1,000 acres for individuals and 3,000 acres for corporations laid out in the Lands Protection Act. Red

Fox Acres is owned by Rebecca Irving, who is the daughter of Mary Jean Irving (the president of Master Packaging) and the niece of Cavendish Farms president Robert Irving. Both Irving and Red Fox Acres have asked for a judicial review of the order.

When he received the report in January, Thompson sought the advice of the office of the Freedom of Information and Protection of Privacy Commissioner. He was told the report should only be released if there is a Freedom of Information request. That has already happened, but a third party mentioned in the report has asked for a second review and that is still happening.

In the meantime, the Standing Committee on Health and Social Development (which has justice and safety issues under its mandate) has completed its review of the still confidential report. It recommends changes that would require cabinet approval when land changes hands through the sale of corporate shares.

The Health Committee has now passed the still-secret report on to the Standing Committee on Natural Resources and Environmental Sustainability, which typically deals with land issues. Just like its sister committee, they will be able to base recommendations on the report but will not be able to reveal any of its contents. Just like Thompson, committee chair and Montague-Kilmuir MLA Cory Deagle wants the report public.

The longer the report remains in review, the less chance there is the report will be released in full. It is a sure bet lawyers for that third party are going over the report with a fine-tooth comb and are likely strenuously objecting to anything they don’t want to see in the light of day.

Thompson promised when the report was commissioned, it would help “plug loopholes” in the legislation as a review continues aimed at updating the legislation. That is a necessary exercise to ensure this groundbreaking legislation is fully effective. However, without the report in the public realm, Islanders can’t tell what loopholes were found in this case, let alone whether they were fixed.