Arseneault releases lobbying advice from integrity commissioner
Jacques Poitras | CBC News | Posted: October 27, 2017 5:45 PM | Last Updated: October 27, 2017
Liberal MLA makes letter public after getting clarification of work he should avoid in 2nd job
Embattled Liberal MLA Donald Arseneault reversed course Friday and made public the advice he received from the provincial integrity commissioner about taking on a second job.
Just hours after he said he would not release Alexandre Deschênes's letter, which he called a private, human resources document, Arseneault told reporters he would make it public after all.
"It has become an issue," he said. "I didn't think it was going to get to this point. … I have no problem releasing that letter. I'll give that to you later today."
In the Sept. 14 letter, Deschênes tells Arseneault, "it goes without saying that you will need to abstain from lobbying a public office holder on behalf of your employer while you are exercising your functions as an MLA."
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Arseneault, the MLA for Campbellton-Restigouche, is now also the government relations manager for Canada's Building Trades Unions, an umbrella group of 14 national unions representing 500,000 construction workers.
Deschênes also writes that nothing in the law prevents Arseneault from taking the job, but warns him against:
- Using information he gains as an MLA to benefit his new employer.
- Using his MLA position to influence decisions that help his new employer.
- Taking part in any legislature or committee business or votes where his job might put him in a conflict of interest.
In his new job, Arseneault will oversee two staff lobbyists and will give advice on how to deal with governments, but he says he won't do any actual lobbying himself.
Arseneault was shuffled out of Premier Brian Gallant's cabinet Sept. 5. His new job with the union came to light in the last week.
Anything that has to do with lobbying has been removed from my responsibilities. -Donald Arseneault
MLAs who don't hold ministerial positions are allowed to have second jobs, but Arseneault's position ignited a political controversy because the role involves attempting to influence government policy.
Earlier in the morning, Progressive Conservative MLA Ted Flemming said he didn't believe that Arseneault would avoid lobbying. He also called on Arseneault to release the Deschênes letter.
"When you read the Liberal platform and it talks transparency and openness in government and all this kind of stuff, you'd think he'd be the first guy to want to do it," Flemming said.
In question period, Flemming and PC leader Blaine Higgs quoted Gallant's mandate letters to ministers in 2014, which told them it was "not enough to avoid to conflicts of interest. You must also be diligent in avoiding the perception of such."
Attorney General Serge Rousselle responded that the government had confidence in Deschênes's review of Arseneault's situation.
A misunderstanding
Arseneault said he met with the commissioner in mid-September and understood that the commissioner was telling him not to do any lobbying in New Brunswick. That's when Deschênes gave him the letter.
But "there seemed to be a misunderstanding" about whether he could do lobbying elsewhere, Arseneault said.
"It was understood by me that we were allowed to do some lobbying outside of the province of New Brunswick," Arseneault said.
"However as the week progressed, it seemed like there was a misunderstanding on that, and that's why he and I met yesterday to clarify that. His clarification now says no lobbying whatsoever with any government across the country, including the federal government.
"Anything that has to do with lobbying has been removed from my responsibilities," he said.
A 1-year lobbying ban after legislature
Arseneault will remain an MLA until the next election campaign next summer.
He said once he's no longer an elected member, he still won't be able to lobby in New Brunswick for an additional year under a cooling-off provision of the conflict of interest law for MLAs.
Arseneault was minister of post-secondary education, training and labour until Sept. 5. In that role, he had responsibility for labour issues, including how union-management relations are regulated.
Former Liberal attorney general Mike Murphy said this week that Arseneault would be in trouble if he dealt with any labour issues while negotiating his new job.
But Arseneault said Friday he met with Gallant on Aug. 22, the day after he was first approached about the job, and Gallant immediately transferred cabinet responsibility for labour to another minister, Bill Fraser.
He said he only got back in touch with the building trades organization about the job after the cabinet shuffle on Sept. 5.
He said he felt that lived up to the mandate letter Gallant gave to cabinet ministers.
"I've tried to do everything by the book as best as I can," he said. "I want to go out with my head held high."