Ministerial public appointments should be immediately disclosed: Conway

Government reviewing recommendations

David Conway’s report and review of the Independent Appointments Commission Act was tabled in the House of Assembly on Monday, June 5.

It was an important review given concerns expressed by both politicians and the public about how people are appointed to the agencies, boards and commissions in the province which deliver services such as health care and education.

SIGNIFICANCE OF REVIEW

The Independent Appointments Commission (IAC) came into existence in 2016. Prior to the IAC, most appointments to public entities in Newfoundland and Labrador were made without a publicly available application process and without any publicly stated qualifications for the appointments. These appointments were perceived to be based upon factors other than merit.

The IAC was designed to improve that process, but concerns remained, especially with the fact that cabinet has discretion to appoint someone who is not recommended by the IAC.

In March this year, the government announced the review. It focused on identifying improvements for the overall efficiency, effectiveness and outcomes of the Independent Appointments Commission Act and the processes that support its administration.

Conway’s report made 23 recommendations. It also included the perspectives of various organizations and politicians.

POLITICAL PERSPECTIVES

The Progressive Conservatives made several submissions to Conway. Among them, the Opposition said cabinet should be bound to select from the roster of candidates that are recommended by the IAC; the IAC recommendations should reflect different regions of the province and diversity; and the phrase “urgent and extenuating circumstances” in the act should be clearly defined.

The act allows for cabinet or a minister to make an appointment that “must be made due to urgent or extenuating circumstances” without choosing from IAC recommendations.

Independent MHA Paul Lane said the act should be changed to remove the ability of a minister or cabinet to ignore IAC recommendations.

LENGTHY DELAYS, VACANCIES

Several organizations expressed concerns about lengthy delays in appointments.

A submission from the board of governors of the College of the North Atlantic noted “significant frustration with the extensive delays in board of governors appointments,” adding the board acknowledges the delays may not be solely the IAC’S responsibility since “there have been significant delays within government in processing and deciding upon the recommendations of the IAC.”

The Newfoundland and Labrador College of Social Workers said although the college has vacancies, they aren’t listed on the IAC website, and despite the college’s best efforts, it’s been unable to determine the status of the vacancies and at what stage of the appointment process they might be.

The college said it takes years for a vacancy to be filled. There’s been a vacancy on the college’s board of directors since 2018, and there have been two vacancies on the college’s disciplinary panel since 2019 and 2022. The college said those vacancies continue “despite knowledge that individuals have applied for appointment.”

The Newfoundland and Labrador Geographical Names Board said it also had positions go unfilled for a “significant period of time,” that meeting quorum is challenging, information isn’t forthcoming from the department as to when vacancies will be filled, and the vacancies aren’t listed as opportunities on the IAC website.

The concerns were similar from the Newfoundland and Labrador Pharmacy Board. It said it’s only received one appointment in the seven years since the act was implemented, “despite countless efforts to communicate the need for further appointments”. The board said its biggest concern with the process is the lack of transparency and a lack of information about what exactly the meritbased process is.

IAC PERSPECTIVE

The IAC also made a submission for Conway’s report.

It said the average time period for IAC members to review candidates is usually about three weeks, and the overall process can take about nine months. It said once referrals are made to ministers, it takes about three to four months for appointments to be publicly announced.

The IAC said consideration should be given to updating the act to allow for communication between the government and the IAC when exceptions to the normal appointment process are necessary, and consideration should be given to including a provision within the act that addresses diversity.

RECOMMENDATIONS

Among other recommendations, Conway’s report said any positions filled outside the normal appointment process should be immediately publicly disclosed, with reasons being provided as to the urgent, extenuating or other circumstances to justify it.

He also recommended that positions be posted automatically well in advance of possible vacancies, and that timelines be introduced for each stage of the appointment process, with applicants, entities and departments entitled to know which stage a given vacancy is at.

In a news release on Monday, Deputy Premier Siobhan Coady, minister responsible for the Public Service Commission, said the government will review the report and its recommendations.