Rafe in the Tyee: BC Liberals in Bed with P3 Industry

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I want you to use your imagination, hard as it might be
under the circumstances. Suppose there is an NDP premier (see, I told
you it would be tough!) who, it’s disclosed, is the honorary chairman of
the B.C. Government Employees Union and let’s suppose the BCGEU grants
him prizes for his good service to the unions involved, including the
highest award they can bestow.

Now, you might just ask how can a
government that has to negotiate for us with the union have its leader,
our premier, supping at the union’s table, drinking their mead,
surrounded by their bonhomie, winning prizes, and then sit on the other
side of the table and negotiate as hard as nails on our behalf?

I ask you, Premier Christy Clark, what you
would say if you were the opposition leader and it became clear that
Premier Farnworth, or Horgan, or Dix was that premier?

You would be apoplectic! Admit it! And you
would be right for there before your eyes would be the clearest possible
big-time conflict of interest. Not a perceived one but a real one where
a premier, with the trust of the people’s purse, is encouraging those
who want a chunk of that money that he “is one of them.”

Hold that thought because I want to speak for a moment about public-private-partnerships or what they call P3s.

This is the deal in a nutshell. Usually
without any bidding, a favoured corporation does a deal with the
government that guarantees them a minimum cash flow to satisfy lenders;
in fact, lenders require a cash guarantee for more than the
projected cost of construction so a deal, always sweet, nearly always
secret, is struck. You rely upon the government to assure you that your
money is wisely spent and your premier is working both sides of the
street.

This, from the book titled Public Service; Private Profits by John Loxley, published in 2010 (pages 7-8):

“The P3 concept [in Canada] has benefited from the lobbying efforts of
organizations like the Canadian Council for Public Private Partnerships
(CCPPP), an increasingly strong lobby group, which was established in
1993 and draws its membership from both the private and public sectors.
In 2009, it had fifty-eight sponsors, fifty-seven of which were
companies with commercial interests in P3s, such as construction
companies, banks and their financial offshoots, bond houses and bond
rating agencies, lawyers and consulting companies such as SNC-Lavalin,
RBC Capital Markets, John Laing, Carillion, Deloitte and Touche,
Bombardier Transportation and United Water.

“… the CCPPP has a solid membership and financial base on which to
promote P3s and has been able to attract prominent politicians and
ex-politicians into its fold, such as PREMIER GORDON CAMPBELL of B.C.,
who is currently (2009) the honorary chair. The CCPPP can be considered
the main ideological proponent of P3s in Canada.” (My emphasis)

It takes barely a second to appreciate that
here in B.C. we have had a premier and cabinet pretending to look after
the public interest while concurrently and aggressively looking after
the interests of private P3 partners. It is difficult not to imagine a
more blatant demonstration of conflict of interest.

Giving and getting awards from P3 industry

This from the Dec. 4, 2010 press release by the CCPPP.

“A Gold Award for Infrastructure was presented to the Canada Line in Vancouver, BC, partnership of Canada Line Rapid Transit Inc. and InTransit BC Limited Partnership and the Sea-to-Sky Highway
Improvement Project, partnership of British Columbia Ministry of
Transportation and Infrastructure and Sea-to-Sky Highway Investment
Limited Partnership with participation by Partnerships BC.

“A Silver Award for Project Financing was presented to the Royal Jubilee Hospital Patient Care Centre,
British Columbia, partnership of Vancouver Island Health Authority and
Health Care Projects Canada Ltd. Silver Award for Infrastructure went to
Golden Ears Bridge (British Columbia), partnership of Translink (South Coast BC Transportation Authority) and Bilfinger Berger Project Investments Inc

An Award of Merit for Project Financing was also handed out.

… recipients of the Champion Award [have] included the Hon. Gordon Campbell, Premier of BC, Pierre Le François, the late James MacLaren, Donald Macdonald, Mac Carson, Glenna Carr, the late Chuck Wills, Gary Collins and Michael H. Wilson. Premier Campbell continues as the Honourary Chair of The Canadian Council for Public-Private Partnerships…” [My emphasis]

And, who do you suppose Gary Collins is?

You got it — our former finance minister
who, along with the premier, was saved by the bell from having to
testify in the Basi-Virk “trial.”

‘Stinging rebuke to Macquarie model’

There is also the curious case of the
Macquarie group which is a prominent fiscal agent for the B.C.
government and other public agencies and itself a big player in the P3
game.

Here is what Michael West of the Sydney (Australia) Morning Post reported back on April 4, 2008

“New York-based corporate governance
service RiskMetrics Group has delivered a stinging rebuke to Australia’s
infrastructure sector, and in particular the ‘Macquarie Model’ which
has … spawned a generation of toll-roads, airports, telecommunications
and power generation stocks.

“In the most detailed independent research
of Macquarie Group and Babcock satellites to be published, Risk Metrics
critiques the financially-engineered infrastructure model for its high
debt levels, high fees, paying distributions out of capital rather than
cashflow, overpaying for assets, related-party transactions, booking
profits from revaluations, poor disclosure, myriad conflicts of
interest, auditor conflicts and other poor corporate governance.

“RiskMetrics is a leading adviser to
institutional investors both in Australia and overseas … [this] is the
first time they have strung all the pieces together, and raised doubts
about the model’s viability…”

The above situation was made clear, by
private letter, to Premier Campbell yet the Macquarie Group continues to
take part in P3 operations with the province and is still prominent in
P3 contracts here.

Citizen suckers in a rigged game

One more point before I sum up — the P3
arrangement is supposed to remove the risk from the province of B.C. It
does no such thing for if the private company defaults, the province is
liable.

What we have here are sweetheart deals for
large corporations, which get selected without a proper or often any
bidding process and, if the going gets tough, can and do demand more
money from the province.

Far from a monetary benefit for us taxpayers, in fact the evidence is clear that we pay more.

We’re the suckers in the Three-Card Monte game run by big business and government “carnies.”

Now the clincher. Surely at the very least,
taxpayers would expect the negotiations between the province and
private companies to be at arm’s length, not between buddies.

In fact, this is outrageous. I think of
Bill Vander Zalm, who got into trouble for using Government House to
entertain a potential buyer of Fantasy Gardens and had to resign. That,
in my view, pales into insignificance compared to the conduct of
Campbell and Collins.

Why worry about this now they’re both gone?

Because Premier Clark and all other
Liberals are running on Campbell’s record. That record now includes
sweetheart deals with huge companies that were repaid by honours
recognizing him not as a good premier but a valued friend to the private
construction industry doing business with the government.

It’s pretty clear, isn’t it, why Gary
Collins and Gordon Campbell didn’t want to appear at the Basi-Virk
trial, where they would have been cross-examined on dealings analogous
to the big giveaway of BC Rail.

I recommend all recent P3 contracts be
examined by an out-of-province forensic accountant to determine the
scale of any unearned premium and conflict-of-interest evidence and, if
necessary, advise that the contracts ought to be re-opened.

As to the future, Premier Clark must
acknowledge this outrageous conduct and assure us that the corrupt
practice of P3 contracts is at an end and that hereafter all
government-funded projects will go to tender, not into the corporate jam
jar.

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About Damien Gillis

Damien Gillis is a Vancouver-based documentary filmmaker with a focus on environmental and social justice issues - especially relating to water, energy, and saving Canada's wild salmon - working with many environmental organizations in BC and around the world. He is the co-founder, along with Rafe Mair, of The Common Sense Canadian, and a board member of both the BC Environmental Network and the Haig-Brown Institute.