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Wednesday, 20 August, 2008

Is Philippe Couillard breaking Quebec's ethical lobbying laws?

Is Philippe Couillard's rather sudden about-face -- from being Quebec's health minister to becoming a partner in a private-sector health investment fund, in under two months -- in contravention of a Quebec law on transparency and ethics in lobbying?

Technically, the answer seems to be 'probably not' but that hasn't stopped the French-language Montreal dailies from insinuating that -- and worse.

Quebec law requires an ex-cabinet minister like Dr Couillard to keep secret any confidential information to which they are privy, for a period of two years after leaving office. Although he told Le Devoir he will do so, he added:

"C'est vrai que je connais sans doute la législation et les projets gouvernementaux plus que le commun des mortels. Je les ai fait adopter!"

("It's true without a doubt I know the legislation and government initiatives better than the public. I'm the one who instituted them!")
That kind of tone, combined with Dr Couillard's central role in extending the limits on private-clinic involvement in the public healthcare system, via Bill 33, has made many Quebecers suspicious about his new job.

Bernard Drainville, the PQ's health critic, told La Presse:
"À titre de ministre, il a contribué à mettre en place un certain nombre de décisions qui favorisent l'essor du privé. Deux mois après avoir été le parrain de ces initiatives, il se place dans une situation où il va pouvoir en profiter personnellement, estime le porte-parole du Parti québécois en santé, Bernard Drainville. La décision qu'il a pris ne respecte pas l'esprit de la loi, qui est de s'assurer que quelqu'un qui a eu accès à des informations privilégiées ne s'en serve pas à des fins lucratives."

("As minister, he helped make a number of decisions that furthered the development of the private [sector]. Two months after being the sponsor of these initiatives, he's put himself in a situation where he will personally profit. His decision [to take the PCP job] doesn't respect the spirit of the law, which is to ensure that someone with access to privileged information doesn't use it to make money.")
So far, however, Dr Couillard is unshaken. He has defended himself vehemently, and even further he has insisted to Radio-Canada that his decision to move from the head of the public health ministry to a private health investment firm should not be interpreted as a lack of confidence in the public healthcare system.

That notion, perhaps even more so than the debate about ethics in lobbying, is certain not to be dismissed so easily by the public.


Photo: Pedro Ruiz, Le Devoir

1 comments:

  1. the "spirit " of the law is referred to here ..... not the " letter" of the law....

    what is the difference?

    Spirit:
    +the intent of the law is where accountability and transparency are discussed

    Letter:
    +the content of the law is where breach of confidential trust is punishable

    Nothing could be more " transparent" than why he was hired. We're not brain dead yet.... are we?
    Anything he does that smacks of " breach of trust" will impact heavily on himself and his new company......

    ....are they "brain dead"????

    Now ...

    ......a more excellent path would be to take the route of Senator Michael Kirby............
    ( there's a challenge for you :)

    Summary:

    The " spirit" of the law breathes life into everything and everyone when it is followed.
    The "letter" of the law kills and imprisons.... both when it is obeyed only to escape punishment. ..and... when it is broken where punishment becomes more than a mental prison.

    ReplyDelete