Earle McCurdy alleges Liberal appointments breached legislation

NDP Leader Earle McCurdy says the Liberal government may have breached its own legislation by skirting the highly touted independent appointments commission with the recent appointment of several deputy ministers and assistant deputy ministers.

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That's despite clear language from the Liberals that the commission would only make recommendations on appointments to agencies, boards and commissions; not core government positions like those announced by Premier Dwight Ball on Aug. 17.

McCurdy said the apparent breach was brought to his attention by a lawyer with ties to the NDP, though he would not identify the lawyer.

It's a little bureaucratic, but McCurdy highlighted this line from the legislation that created the independent appointments commission this past spring:

"Appointment means the appointment of a person under the authority of a statutory provision, or to an entity listed in the schedule."

The phrase "under the authority of a statutory provision" is key, McCurdy said.

He explained that cabinet has the right to appoint deputy ministers and assistant deputy ministers under a "statutory provision," or clause, contained in the Executive Council Act.

"So our reading of that Act is in fact that (it) comes under the requirements of going through the independent appointments commission," McCurdy told reporters Monday.

"I believe the onus is on the government to explain why they didn't do so."

The "schedule" refers to the dozens of agencies, boards and commissions listed in Bill 1, the Act which established the independent appointments commission which lays out a merit-based process for government appointments.

Shake-up in the civil service draws criticism

The Liberals drew fire last week following a shake-up in the public service that included the appointment of several former Liberal candidates to high-ranking jobs in the civil service.

McCurdy and PC Leader Paul Davis both said it was a clear example of political patronage, and broke a promise by the Liberals to take partisanship out of political appointments.

At the time, Ball defended the appointments, saying he put people into those positions because of their skills, not their experience with the Liberal party.

CBC News has requested an interview with the premier on the latest allegation by McCurdy, but has not received a reply.

Not so fast, says Andrew Parsons

But Justice and Public Safety Minister Andrew Parsons said the NDP "misread" one section of the legislation.

"What Mr. McCurdy and the NDP should realize is that when you're reading legislation, you just can't pick one section out and read it alone," he said.

"You have to look at the whole piece of legislation in its entirety, and unfortunately in this case they didn't do that."

The Executive Council Act gives the premier and cabinet the ability to appoint deputy and assistant deputy ministers, said Parsons.

"We've been talking about this for a year, that the purpose of the [independent appointments commission] was as it related to agencies, boards and commissions," he said.

"We've said that a number of times. I realize Mr. McCurdy must not have listened to the debate [in the House of Assembly], because I know his colleagues didn't bring that up."

Meanwhile, the PCs also issued a news release Monday, blasting the Liberals for removing some capable people from the civil service and replacing them with party loyalists.

‎"‎If their past practices are an indication of the planning that has gone into this restructuring, then we should brace ourselves for turmoil, unforeseen consequences and reversals of what they have done," Davis stated in the release.