British Columbia

Improve access to government records to reduce chance of expense scandals, advocates say

The allegations of fraudulent overspending by two senior B.C. Legislature officials shocked the province but some argue a lack of transparent access to information is the root of expense scandals like this one.

B.C. Freedom of Information and Privacy Association is pushing for more transparency in the legislature

The Legislative Assembly is exempt to freedom of information requests but the B.C. Freedom of Information and Privacy Association is hoping to change that. (iStock)

A lack of transparent access to information lies at the root of expense scandals like the one that rocked the B.C. Legislature last week, according to advocates for the public's right to know.

In a report compiled by House Speaker Darryl Plecas, the legislature's top two officials — Clerk of the House Craig James and Sergeant-at-Arms Gary Lenz — are accused of severe mismanagement of public money for lavish trips overseas, inappropriate expense claims, cash payouts and misappropriating liquor, going back years.

Neither James nor Lenz has been charged with any crime and have denied all wrongdoing.

The claims in the Plecas report have had a damaging effect, says Sara Neuert, executive director of the B.C. Freedom of Information and Privacy Association (FIPA).

"One of the biggest things that happened with everyone was a loss of [public] trust," Neuert said.

A more open and transparent system would rebuild some of that trust and help prevent similar scandals, she added.

The non-partisan and non-profit FIPA has been pushing for sweeping changes to the province's laws for years and advocating for more access to information.

"It's kind of a historical thing where government used to be kind of run on its own and was very secretive, but it's moving forward gradually," Neuert told Stephen Quinn, host of CBC's The Early Edition.

Clerk of the House Craig James, centre, is seen being escorted out of the legislature after he and B.C.'s Sergeant-at-Arms Gary Lenz were placed on leave in November 2018. The Plecas report later accused them of severe mismanagement of public money. (Mike McArthur/CBC)

Exempt from FOI requests

Under B.C.'s Freedom of Information and Protection of Privacy Act, members of the public can usually request and obtain copies of governmental records that are not routinely available.

The Legislative Assembly, however, is outside the jurisdiction of freedom of information requests.

FIPA, with the help of a special legislative committee, proposed changes to the act in May 2016, including recommendations that it be broadened and apply to more public bodies.

The recommendations were not implemented at the time and freedom of information laws in B.C. have not been significantly updated since 2011. 

A spokesperson with the Ministry of Citizens' Services said improvements to the system are being made, particularly when it comes to response time for FOI requests, but the Legislative Assembly is separate from government and doesn't fall under the act.

Questions relating to the transparency of the Legislative Assembly should be directed to the legislature itself, the ministry added.

Neuert hopes the expense scandal in the legislature will fuel the conversation about the public's right to know how taxes are being spent and prompt changes in the freedom of information act.

"If we don't have that public scrutiny, we don't have the opportunity to see these things that are happening in government," Neuert said.

With files from The Early Edition