A reader asked for the link to the source of information in my last column, where I mentioned the government's response to a question about what constitutes lobbying. The information is on the BC Bid site - here's the link to the Request For Information on BC Bid.
You'll need to click on Addendum 8 once there to see the original PDF - scroll down to the question-and-answer part. If you don't care about formatting, here's the relevant text from that addendum:


QUESTIONS AND ANSWERS:
1. The draft ELMS RFP includes the following clauses regarding communications:
Page 5, Clause b
(b) USE OF REQUEST FOR INFORMATION
Any portion of this document, or any information supplied by the Province in relation to this Request for Information may not be used or disclosed, for any purpose other than to prepare a response to this Request for Information, or to any subsequent Request for Proposals or other competitive bidding process related to this Request for Information. Every recipient of this Request for Information agrees to hold in confidence all information supplied by the Province in relation to this Request for Information.

26. Lobbying
Proponents must not attempt to communicate directly or indirectly with any employee, Contractor or representative of the Province, including the evaluation committee for any Catchment Area and 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. In the event a Proponent lobbies the Province in relation to this Request for Proposals, the Proponent’s proposal may be disqualified.

a) Could an individual organization be deemed disqualified from ELMS bidding if an umbrella organization in which it is a member speaks to politicians, bureaucrats, or the media regarding the overall merits of that umbrella’s membership (eg: the umbrella doesn’t specifically mention the member organization in any way)? Under what conditions might that happen?
b) Could an individual organization be deemed disqualified from ELMS bidding if an umbrella organization in which it is a member speaks to politicians, bureaucrats, or the media regarding that specific vendor? Under what conditions might that happen?
c) Could an individual organization be deemed disqualified from ELMS bidding if a community member speaks to politicians, bureaucrats, or the media regarding that specific vendor, even if the organization in question in no way asked or wanted that community member to engage in that communication? Under what conditions might that happen?
d) BC Bid processes are predicated on being as “transparent” as possible, providing equal information to all potential vendors. To that end, can BC Bid provide information about the process it would undertake to determine whether any one organization may be deemed ineligible to bid on the ELMS procurement due to communications with politicians, bureaucrats or the media? What factors would be considered by the BC Bid in making such a determination? Can BC Bid provide more specific information to potential bidders to promote clearer understanding about communications restrictions related to ELMS BC Bid postings?


ANSWER
The intention of the “Use of Request for Information” clause in the RFI is to prevent any use of the information provided as part of the RFI by any person except to prepare a response to the RFI or to any subsequent RFP or other procurement solicitation.
The intention of the “Lobbying” clause in an RFP is to ensure fair and objective procurement processes that are free from any real or perceived external influences or pressures on potential outcomes. The clause warns against direct or indirect communication with any employee or elected official of the Province or the media about the project described in the RFP or in respect of the RFP. The clause does not prevent any person or organization from normal business activities or discussions with any person regarding subjects that are unrelated to the RFP.
The Ministry will determine, at its sole discretion, when to disqualify a Proposal for a breach of the “Lobbying” clause.

Bullying and intimidation seem to be a theme in government these days.

Our beleaguered politicians have been the ones doing most of the sharing recently, and it’s about time. Thank you, Bill Bennett, for starting what I hope will be a steady stream of politicians drawing the line at being treated like trash by the lords of the manor.

 Believe me, politicians aren’t the only ones who endure abusive behaviour.  People inside and outside of government regularly whisper in my ear these days about alarming developments on various fronts, but all are terrified to talk publicly. They’re afraid of being punished if they do.

I confess, I used to think that argument was conspiratorial hogwash. But I’ve come to see that it’s true for those who rely on provincial government funding in some way.

The current government in particular can be brutish in its punishment of those who dare to challenge its decisions, which increasingly come from on high.  Speak up and it just may be that your contract doesn’t get renewed next time around, or a policy change wipes out your whole program.

It doesn’t even matter whether that’s actually the case, as long as people believe it is. It’s been a damn effective strategy, but the bullies in high places are getting so full of themselves lately that they’re now introducing thuggish confidentiality clauses into funding contracts just to be sure.

Bill Bennett chose to withdraw the “battered-wife syndrome” comparison he made during his passionate rant about Gordon Campbell a couple weeks ago. But I think it’s apt. That’s the phrase that comes to my mind frequently when talking to people who count on money from government to keep the bills paid and the doors open.  

That’s not to trivialize the genuine domestic-abuse cycle in any way, or deride everything that government does. Much of it ticks along in competent fashion.

But in places where decisions get political, it can look a lot like the worst of marriages.

The imbalance of power. The fear and secrecy. The isolation. Bouquets and promises to make it all right just often enough to keep the abused partner on side for another day. And then it’s back to the rough stuff again.

Until Bennett let it all out, I’d begun to wonder whether anyone was going to say something. Community groups are so scared you can barely squeeze a peep out of them, despite the many changes, budget cuts and top-down Big New Ideas jeopardizing all kinds of long-standing and well-used social services throughout the province.

Judging by the silence, I’d have presumed a solid win for government on this front. But no - it’s now making silence a contractual condition even for bidding on a contract.

Its latest Big New Idea - which will significantly change the way B.C. delivers employment-training services - includes a warning to bidders that they could be disqualified if they talk about the proposal to the public, MLAs or the media, “other than as expressly permitted or directed by the Province.”

Asked by potential bidders to clarify this point, the Ministry of Social Development notes in documents on the BC Bid site that “the Ministry will determine, at its sole discretion, when to disqualify a proposal for a breach of the ‘Lobbying’ clause.”

 In other words, speak out at your peril.

That’s a pretty big hammer to hold over the heads of community agencies that will be very much affected by the massive changes proposed for employment-training services.

This is the contract that combines all eight federal and provincial employment-training programs for the first time. The plan is to reduce 400 service contracts to a mere 73, using a bidding process and a financial model so onerous for cash-strapped community agencies that it’s almost like handing the contracts to the big corporations sniffing around B.C. for more social-services work.

Doesn’t that sound like something the good citizens of B.C. might want to hear more about from the people who currently deliver the services? Don’t we all deserve a thorough understanding of revamped service contracts representing a combined federal-provincial commitment of $320 million?

“I think we’re going to lose a lot of agencies, especially specialized services,” says Norma Strachan of ASPECT Community Services, an umbrella organization representing 180 community agencies currently doing this work. Yet the government demands silence from those who best know the issues.

Coercive confidentiality clauses and governing by intimidation are strong signals that bad decisions are being made - otherwise, what’s to cover up?

Make some noise, people. Bullies thrive in silence. 

OK, so we have to wait a little longer for decriminalization of the sex industry - the Ontario Court of Appeal has ordered that sex work remain illegal in Ontario until the appeal of the three recently overturned laws is heard.
I'm just going to consider it valuable time for our communities to start sorting out how they'll handle things when the day comes that adult, consensual sex work is no longer criminal.
I think any court that takes a look at the impact of these laws in Canada can't help but conclude that they do more harm than good - in fact, they really do  no good at all, and they greatly increase the danger for sex workers to boot. A shout out to the Ontario Superior Court for striking down the laws around bawdyhouses, living off the avails and soliciting earlier this fall, because that ruling finally changes everything.
Why not get really pro-active and start the conversation now as to how sex work will be managed in our community?

It scares me to see the erosion of basic rights starting to happen in Canada. Here's an alarming story (why do so many of my posts involve me saying "here's an alarming story....?") from the Toronto Star that points out there are now more people in our jails awaiting trial than there are people serving sentences. Innocent until proven guilty, sure, but that's not to say you won't spend significant time behind bars waiting for the system to decide which one you are.

Well now, how nutty is it to base our choice of new citizens on whether they can pass a citizenship test? If you remember your own school-years suffering when you jammed your head full of information for tests then forgot it all the minute the test was over, I think you'll agree that tests are just about the most useless way to gauge someone's actual aptitude over the long term. Especially for something like citizenship.
But I always knew Ottawa was out of touch, and here's more proof.
On a happier note, delighted to see I seem to be attracting more well-informed blogger-commentators to my site, judging by the very clued-in comments I'm starting to get on some of my posts.
My partner Paul Willcocks has always had really informed people commenting on his blog and I've been envious. I'm happy to see some of these writers gravitating to mine. They add a heck of a lot to the conversation. More, please!