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‘Gag order’ slammed

Privacy – both too much and not enough – regarding the proposed Employment Program of B.C. has people worried.
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Privacy – both too much and not enough – regarding the proposed Employment Program of B.C. has people worried.

In terms of too much, the draft RFP states under “lobbying” that “proponents must not attempt to communicate directly or indirectly with any employee, contractor or representative of the province, including... any elected officials of the province, or with members of the public or the media, about the project described in this RFP or otherwise in respect of the RFP, other than as expressly directed or permitted by the province.”

Norma Strachan, CEO of Aspect, the provincial Association of Service Providers for Employability Training, said people are afraid of what she terms a gag order.

“Basically they have everyone frightened. They can’t go to the local newspaper, some people are afraid to go to banks to get a bank loan to carry themselves through the process, certainly they’re afraid to talk to anyone politically.

It’s at the sole discretion of the ministry to decide if anyone has misspoken and forfeited their right to bid on a contract.”

Corey Sigvaldason of Community Futures Shuswap is also concerned.

“I don’t think our ministers in government necessarily know a lot about this. I don’t know how much communication there’s been or if they even understand the impact it has. Our inability to talk to them about it is problematic and unconstitutional.”

States Tim Beachy, CEO of the United Community Services Co-operative: “I think it betrays a total lack of understanding about communities. That’s another bias towards a big-box approach. In a community, people talk to each other, and you can’t talk to your MLA even if they live down the street... How wrong can you be? This is a misunderstanding of the way communities work and the way small companies and the way non-profits work. It’s like coming from Mars. I personally think it’s wrong.”

In response to these concerns, Social Development Minister Kevin Krueger says the keep-quiet clause is routine for provincial bids. He invites people to email him with concerns and he will funnel the emails to his ministry.

“They don’t need to be afraid to talk to us,” he said, adding, “I don’t think it’s ever a good idea to bad-mouth other people’s initiatives; sometimes you hear people bad-mouthing in the media...”

The email address is: SD.Minister@gov.bc.ca.

Shuswap MLA George Abbott said he’s not familiar with the details of the program, but if people want him to get information for them in confidence, he’s glad to do that, noting he keeps confidential meetings confidential.

He adds he won’t be available until after the leadership race.

“I’m certain the process will not be concluding prior to the transition to the new government...,” Abbott said. “Any changes would have to be reviewed by cabinet before they’re undertaken by the ministry.”

The other concern regarding privacy rests on the other end of the spectrum, with the suggestion client information could be spread widely under the new model.

Strachan says in the past, information used to go just to the Ministry of Social Development. Now, where it will go, how it will be stored and who will be able to access it are in question.

As Strachan writes on the Aspect website: “Now it will go to a broader range of government ministries and individuals. The issue is that contractors will have no control as to where the information ends up, yet the contractor is expected to take responsibility (read: risk). Once again, all the risk is on the contractor side. Service providers asked: ‘Is it informed client consent if you have forced the client to sign the form in order to receive services?’”

Aspect is launching grievances regarding both the ‘gag order’ and client confidentiality.

Krueger, meanwhile, says widespread access to clients’ information is necessary. “Many folks need to access information for a number of different ministries, for the sake of the individual and also for the efficient operation of government. We are keenly aware of our obligation to keep personal information private... I and all of my colleagues will be vigilant about all those responsibilities.”



Martha Wickett

About the Author: Martha Wickett

came to Salmon Arm in May of 2004 to work at the Observer. I was looking for a change from the hustle and bustle of the Lower Mainland, where I had spent more than a decade working in community newspapers.
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