McFarlane won't sit on Integrity Commission; waiting on legal advice

Integrity Commission member Jeffrey McFarlane on Monday withdrew from the newly-appointed body until his status is resolved.

McFarlane's appointment stirred up controversy because as the executive director of the National Insurance Board (NIB) and a member of two statutory boards he might not be qualified to serve.

That is not the only controversy. At the swearing-in at President's House last Friday one of the five commissioners quit immediately on learning that President Max Richards had reneged on a commitment. Retired appeal court justice Zainool Hosein resigned, saying Richards had asked him to participate as deputy chairman but on Friday he learned that it was McFarlane who was named in that position.

Hosein said he considered that an insult and under those circumstances he could not serve, especially since the president didn't even offer an explanation. For his part McFarlane told the media he didn't even know that he would be the deputy chairman until Friday morning when he was handed the job.

That development left the commission one member short but chairman Father Henry Charles decided to proceed to hold an inaugural meeting Monday because there was a quorum for the meeting.

Related: New Integrity Commission ready to work under cloud of controversy

But then serious constitutional questions arose from former Attorney General Kamla Persad-Bissessar who wrote the president asking him to rescind McFarlane's appointment because in her opinion the NIB executive was not qualified to serve.

She pointed to Section 4 (5) of the Integrity in Public Life Act, which states: "A person shall not be qualified to hold office as a member of the Commission where he is a person in public life or a person exercising a public function.”

The definition of "public life" in the act includes : “members of the board of all statutory bodies and State enterprises, including those bodies in which the State has controlling interest.”

Read Persad-Bissessar's letter

On Monday McFarlane advised fellow commissioners that he would take no part in the deliberations of the Integrity Commission while his status is under question and suggested that the commission seek legal advice on his status before proceeding.

Charles said McFarlane was "profoundly embarrassed" by the situation but added that the commission will continue its work since three members constitute a quorum.

The chairman said neither he nor the commission can remove McFarlane so the commission has asked one of its attorneys for legal advice, which it hopes to have by the time it meets again on Thursday. He said he would communicate that advice to the president who would have to make a decision on McFarlane's future.

President Richards is on vacation until May 25. But acting president Danny Montano said Monday he "must" address the question of the validity of the appointment of McFarlane, adding that he would have to seek legal advice.

Montano said he would act in accordance with the Constitution and would discuss the matter with Richards before taking any action.

He promised that he would deal with the matter because he IS the president while Richards is on vacation. He told reporters it is his duty to deal with Persad-Bissessar's complaint about the legality of McFarlane's appointment.

Read Prof. Kenny Julien's commentary: The Integrity Crisis