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No penalties will come for deleting P.E.I.'S e-gaming emails

No one will be reprimanded, partly because no actual penalties currently exist in policy or law

FILE PHOTO: Finance Minister Allen Roach.
FILE PHOTO: Finance Minister Allen Roach.

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Some P.E.I. government emails and records about the province’s e-gaming scandal were deleted, but it appears no one will be reprimanded, partly because no actual penalties currently exist.

That’s something Finance Minister Allen Roach says will soon change.

Roach sat down this week with The Guardian to talk about auditor general Jane MacAdam’s findings following her investigation into the controversial e-gaming venture.

Roach was tapped by Premier Wade MacLauchlan to ensure all of MacAdam’s 15 recommendations are implemented. 

Throughout her investigation, the auditor general encountered road blocks in gaining access to information.

One area of particular concern led MacAdam to delve into the way government manages records when she found emails of key government players involved in e-gaming had been removed entirely after these individuals left government. 

“We concluded that government records (related to e-gaming) existed at one time in these email accounts because we received relevant government records from other public bodies and sources external to government that should have been retained in accordance with legislation and policy,” MacAdam says in her report.

As a result, she said she “cannot be certain all relevant records were provided.” 

Due to the difficulties she encountered looking into e-gaming, MacAdam delved deeper into the way government stores and manages records in general and found additional departments have not been adhering to the Archives and Records Act, including: the Department of Innovation and Advanced Learning, Innovation P.E.I. and the Department of Tourism and Culture.

Roach says he was “as surprised as anybody” to learn government emails had been destroyed. 

He said the law, as it is currently written, has no sanctions for those who break it. 

That’s why sanctions will be added, he said.

“We have to look at the act because right now, that accountability is not in the act,” he said.

“That act has been there forever and I don’t know that it was ever looked at by any government, so certainly when the auditor general produced her report, this certainly, for myself, raised concerns.” 

Government does have servers that back up emails and records, but Roach explained these servers are mainly designed to help in the case of a major disaster. As such, they only retain information for one year.

He also said government officials and civil servants are simply relied upon, based on the honour system, to ensure all records are retained and attached to the appropriate files, including emails and text messages.

The auditor general called for the education minister, who is responsible for the Archives and Records Act, to “take the necessary action to enforce compliance” with the law when it comes to handling and retaining government communications.

Roach says this will happen.

“We need to look at the act with respect to that and ensure that, within that act, that there are sanctions in there for things that are being done that shouldn’t be done.”

Overall, Roach said he believes strongly that MacLauchlan’s commitment to openness and transparency have led to positive changes already within government. 

As for concerns that have been raised about him leading this file while having been a cabinet minister under the former Ghiz administration, Roach said he never had any dealings with e-gaming. 

“The vast majority of activity that took place on this file was before I even got into government,” Roach said.

“Shortly after I got elected and became a minister, the file was, for government purposes, shut down. I had no intimate knowledge, I was never involved in any meetings with respect to e-gaming at any time.”

[email protected]c

Twitter.com/GuardianTeresa

Some P.E.I. government emails and records about the province’s e-gaming scandal were deleted, but it appears no one will be reprimanded, partly because no actual penalties currently exist.

That’s something Finance Minister Allen Roach says will soon change.

Roach sat down this week with The Guardian to talk about auditor general Jane MacAdam’s findings following her investigation into the controversial e-gaming venture.

Roach was tapped by Premier Wade MacLauchlan to ensure all of MacAdam’s 15 recommendations are implemented. 

Throughout her investigation, the auditor general encountered road blocks in gaining access to information.

One area of particular concern led MacAdam to delve into the way government manages records when she found emails of key government players involved in e-gaming had been removed entirely after these individuals left government. 

“We concluded that government records (related to e-gaming) existed at one time in these email accounts because we received relevant government records from other public bodies and sources external to government that should have been retained in accordance with legislation and policy,” MacAdam says in her report.

As a result, she said she “cannot be certain all relevant records were provided.” 

Due to the difficulties she encountered looking into e-gaming, MacAdam delved deeper into the way government stores and manages records in general and found additional departments have not been adhering to the Archives and Records Act, including: the Department of Innovation and Advanced Learning, Innovation P.E.I. and the Department of Tourism and Culture.

Roach says he was “as surprised as anybody” to learn government emails had been destroyed. 

He said the law, as it is currently written, has no sanctions for those who break it. 

That’s why sanctions will be added, he said.

“We have to look at the act because right now, that accountability is not in the act,” he said.

“That act has been there forever and I don’t know that it was ever looked at by any government, so certainly when the auditor general produced her report, this certainly, for myself, raised concerns.” 

Government does have servers that back up emails and records, but Roach explained these servers are mainly designed to help in the case of a major disaster. As such, they only retain information for one year.

He also said government officials and civil servants are simply relied upon, based on the honour system, to ensure all records are retained and attached to the appropriate files, including emails and text messages.

The auditor general called for the education minister, who is responsible for the Archives and Records Act, to “take the necessary action to enforce compliance” with the law when it comes to handling and retaining government communications.

Roach says this will happen.

“We need to look at the act with respect to that and ensure that, within that act, that there are sanctions in there for things that are being done that shouldn’t be done.”

Overall, Roach said he believes strongly that MacLauchlan’s commitment to openness and transparency have led to positive changes already within government. 

As for concerns that have been raised about him leading this file while having been a cabinet minister under the former Ghiz administration, Roach said he never had any dealings with e-gaming. 

“The vast majority of activity that took place on this file was before I even got into government,” Roach said.

“Shortly after I got elected and became a minister, the file was, for government purposes, shut down. I had no intimate knowledge, I was never involved in any meetings with respect to e-gaming at any time.”

[email protected]c

Twitter.com/GuardianTeresa

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