Manning unveils constitutional reform plan; Panday says it gives PM absolute power

Prime Minister Patrick Manning told a convention of his ruling People's National Movement (PNM) Sunday new proposals for constitutional reform would include a presidential system of governance and significant changes to the the judiciary and the Director of Public Prosecutions.

Manning said a key to the new proposals is accountability. And he made it clear that the recommendations are neither his, his party's or the government's.

He said a "round table of academics and politicians" produced the working document, which would be laid in Parliament in about a month.

The PNM leader told supporters, the guiding principle in the document is accountability.

“Everybody must be accountable. One of the biggest mistakes we could make is to allow certain people to feel they are above the law—that they are independent...Everybody has to be accountable to somebody, because the one thing PNM know is that power corrupts and absolute power corrupts absolutely. Nobody must have absolute power.”

The proposals include:

• A presidential system of government, rather than an executive president. Ministers will be advisers to the President. A role for collective decision-making by a Cabinet will be enshrined in the Constitution. It will preserve Cabinet governance while moving to the superior arrangement that the presidential system will afford.
• The President will address Parliament twice a year on the state of the nation. This will be subject to debate. The Finance Minister will present a budget. Government departments will be accountable to a parliamentary committee.
• The Cabinet will be selected largely from outside the Parliament. It would include six persons from either House of Parliament. This frees MPs to participate in five committees providing oversight for government activity in energy, foreign affairs, public accounts, public accounts enterprises and ministries.
• The judiciary remains independent in judicial functions, but it is proposed that administrative functions associated with the judiciary are a matter for the executive, and will be carried out under normal public service arrangements through a Ministry of Justice.
• The Director of Public Prosecutions must be independent on criminal matters, but regarding official secrets, terrorism and state-to-state relations, the DPP must have prior approval of the Attorney General. The system also allows for consultation between AG and DPP.
• Recruitment of permanent secretaries for ministries from outside the public service, allowing governments which change, to be free to appoint a PS. The person can also be from inside the service, but the situation will not be tied to any arrangement that constrains the appointment.
• Senators from the local government sector will give local government a say in Parliament. Each body will nominate one person to the Senate. This will increase Government Senators from 16 to 24 and Opposition Senators from six to ten.
• If Trinidad and Tobago wishes to integrate politically with another regional state, it can do so by law requiring a three-fifths majority for parliamentary passage.
• No position will be formulated on Tobago until discussions with the Tobago House of Assembly.

Manning said a special majority of Parliament would be needed to pass the proposals. That would include support from the opposition, which is unlikely. He could also gamble on taking the matter to the people in a general election and hope to win the special majority to pass the new constitution.

In an immediate reaction Opposition Leader Basdeo Panday said the measures would give Manning "absolute power" and predicted, "That won't fly."

Manning doesn't appear to be counting on opposition support. He lambasted the UNC-A members as "the worst we have seen", describing them as "an absolute waster of time." He accused opposition MP's of collecting their salaries and doing no work.

Panday asked Manning to identify the round table members who drafted the proposals. And the former prime minister, who agrees with the principle of an executive president, wondered why Manning wants everyone to be accountable when he himself isn't.

“Manning’s approach to constitutional reform is wrong. We need to look at the people’s problems and remedy them, rather than the piecemeal approach to certain aspects he’s displaying."

Panday added: “The proposal regarding the judiciary is interference. And anyone who says the idea concerning the DPP is a good one will only be those who feed at the PNM trough.”