Today's Quote: Pastor Adrian Pierce Rogers

Adrian Pierce Rogers was an American pastor, conservative, author, and a three-term president of the Southern Baptist Convention - (1979-1980 and 1986-1988).

FEATURE: Time to end appeals to the Privy Council?

Comments by a British Lord who becomes the first President of the Supreme Court of the United Kingdom next month have rekindled a debate in the Caribbean over the role of the Privy Council as the final court of appeal for many states, including Trinidad and Tobago.

In a recent interview with the Financial Times, Lord Phillips questioned whether some Privy Council cases really needed to be heard by a panel of five of Britain's most senior judges.

The former UK Chief Justice told the newspaper "in an ideal world" Commonwealth countries would stop using the Privy Council and set up their own final courts of appeal instead.

Such a court already exists in the Caribbean. But a debate is raging in the region about whether a homegrown Caribbean Court of Appeal (CCJ), which is based in Port of Spain, would have the independence and credibility that the British Privy Council enjoys.

Attorney General John Jeremie of Trinidad and Tobago says concerns raised by Lord Phillips prove the need for the CCJ.

"I feel deeply embarrassed by these comments. The position of the Government is that we should move with alacrity to our own indigenous final court-the Caribbean Court of Justice. Self-respect and independence demands nothing less," Jeremie said in an official statement.

Jeremie said the CCJ should be the country's final court of appeal on criminal and civil matters as well as trade matters arising out of the Caricom Single Market (CSM), as is the situation today.

But that idea is meeting resistance and could block the CCJ from taking over the Privy Council's role because the change requires a constitutional amendment.

The Manning administration lacks the parliamentary numbers to pass it alone and he is not getting the necessary support from the opposition.

The United National Congress (UNC) strongly opposes the CCJ, fearing it would be vulnerable to political interference.

Opposition leader Basdeo Panday refuses to support the bill even though his government signed the Caricom treaty establishing of the CCJ when the UNC was in office.

The CCJ currently adjudicates cases from Guyana and Barbados alone. Other countries have not signed on for a variety of reasons ranging from concerns over independence of the court, the cost of holding referendums to effect the required constitutional change, to political expediency.

The concerns expressed by the Lord Phillips are seen by former St Kitts/Nevis governor general Sir Probyn Innis as a message to Caribbean and other Commonwealth countries to “get your house in order and do what you have to do”.

In an interview with the BBC's Caribbean service, he said the message “is loud and clear. Enough is enough is enough. Allow us to get on with our business of modernising our legal system in the United Kingdom.”

Listen: Sir Probyn interviewed by the BBC's Bertram Niles

Commenting on the statement by the British jurist, Sir Probyn conceded to the BBC that it will take more than "what has been said so politely, so diplomatically, to waken Caribbean leaders from their slumber."

Ghana to adopt T&T energy management model

Ghana's Vice President has told a visiting Trinidad and Tobago trade delegation his country would adopt the Trinidad and Tobago model of managing its oil resources

John Mahama said he plans collaborate more with Port of Spain to find out how best to implement the model, which primarily aims at channelling revenue from oil resources into providing social amenities and development of infrastructure.

Mahama was said one of his government's priorities in the oil sector is to build the necessary human resource capacity to effectively manage the industry, adding that Ghana would not hesitate to work with Trinidad and Tobago in that regard.

The delegation was led by Trinidad and Tobago's High Commissioner to Nigeria, Victoria Mendez-Charles. She said her country is eager to improve relations with Ghana.

She noted that the Manning administration believes that the promotion of south-south cooperation is vital to the growth of developing countries, especially in Africa.

She was pleased that Ghana wants to adopt the Trinidad model, which she said is "an engine for effective national development."

She also extended an invitation to the Presidency to attend the next Commonwealth Head of Governments Meeting (CHOGM) in Trinidad and Tobago from December 27 to 29.

New credit union rules will limit loans, insure deposits

The Central Bank announced Tuesday that new rules governing the operations of credit unions in Trinidad and Tobago will put greater control over the financial operations of these institutions.

The Bank made the disclosure at public consultation where it presented a 67-page document outlining its proposed policy for the Credit Union Act. The proposal has come as a result of a cabinet request nearly four years ago to have the central bank supervise all credit union activities.

The bank said it took that long because it was necessary to hold exhaustive consultations with stakeholders before arriving at a final position.

Central Bank Deputy Governor Joan John said the proposed legislation would encourage credit unions to show greater prudence in the management of loans and provide appropriate conditions for the payment of dividends.

"It will ensure the provision of active capital, it will provide guidelines for the investment activities of credit unions, it will ensure more effective cooperate governance, it will enhance the confidence of members and the public in the sector, it will also enhance potential management practices and improve risk management," John said, adding that it will also provide "readily available and reliable data for effective monitoring and research."

John said up to last year, credit unions controlled about $8.5 billion in assets. She noted that of the 390 credit unions listed in 2000, only 113 are still in operation and the top 10 control 74 per cent of the industry's assets. (see credit unions list)

"Many credit unions have now become significant investors in the financial market, bringing them face to face with all the risk and potential pitfalls inherent in this type of activity and indeed raising the bar on the level of expertise and experience required to successfully manage these risks," John said.

"The intent of this document, which is to amend the Credit Union Act, is to ensure that the credit union sector operates from a position of greater strength, safety and soundness," she explained.

Wendy Ho Sing, deputy Inspector of Financial Institutions at the Central Bank, presented the policy proposal document to stakeholders. She said one important change is that credit unions will be limited to exactly how much money they can borrow and lend.

It will also ensure that credit unions have a mandatory insurance protection fund, similar to deposit insurance. She said the Central Bank has formed a separate unit to monitor credit unions.

Some stakeholders in the sector are not happy what the changes, with some suggesting that the proposals could kill credit unions.

Hyder Ali, a former commissioner for Co-operative Development, told the Trinidad Express one problem is that the proposals treat large and small credit unions as equals.

"This policy is one size fits all. But the small credit unions are not the ones that failed the people," Ali said, a reference to the collapse of the Hindu Credit Union.

He also said the document has failed to consider the "unique" nature of credit unions, noting that the central bank is treating these institutions like banks and insurance companies.

Ansley Pierre, president of the Institute of Chartered Accountants of Trinidad and Tobago (ICATT), observed that the increased cost for auditing services would severely weaken the financial position of small credit unions.

Brian Moore, president of the Cooperative Credit Union League of Trinidad and Tobago was more graphic in his observations. "The original document was daggers aimed at the heart of the credit union industry... but this present position is more like pocket knives aimed at good credit union operations," he said.

No foreign exchange crisis in T&T: Browne

Trinidad and Tobago is not facing a foreign exchange crisis. Minister in the Ministry of Finance Mariano Browne made the emphatic statement in the Senate Tuesday in response to the opposition's concern over the state of the country's financial reserves.

Opposition Senator Wade Mark wanted to know why the Central Bank was asking businesses to limit access to access foreign exchange.

"There is ample evidence that we would be able to meet all our requirements," Browne stated.

He added, "There may come a period when we will have to sell some more out of our reserves to be able to make good the trade requirements in the marketplace and those would be seen as short blips in supply but our foreign exchange cover and our import cover remain buoyant," he assured.

Browne pointed out that in May 2009 the total international reserves held by the Central Bank was US$8.9 billion. He said that figure increased to US$10.2 billion when the reserves held by commercial banks in T&T were included.

He admitted a slippage of about $1 billion and that the reserves held by commercial banks have taken a hit of approximately US$300 million.

However he maintained that the current reserves would allow for 11 months import cover.

"When one looks at the summary balance of trade and the summary balance of payments position, T&T is in net surplus. We are earning more than we are spending," he said.

Browne said that while it is true that there is increased demand for foreign exchange things are not as bad some have suggested. he noted that there is no black market for foreign currency, which is a sign that there is stability.

He said businesses are on a shorter credit leash because of the global financial situation where foreign suppliers are offering shorter credit terms.

Law Association stands behind Daly in feud with AG

The Council of the Law Association made it clear Tuesday that statements made by Martin Daly represent the views of the entire council.

And in an official statement it said it "will not be deterred or intimidated by personal attacks on its president".

The statement signed by secretary Patricia Dindyal reiterated that the council is standing behind all statements by Daly, who is president of the Law Association.

The council's statement was in respect of an attack on Daly in Parliament last week when Attorney General John Jeremie accused Daly of telling a lie without specifying the details of this.

Daly had earlier criticized the veto that Prime Minister Patrick Manning exercised in rejecting the candidate chosen by the Judicial and Legal Service Commissions for the post of Director of Public Prosecutions (DPP).

Daly and the Law Association had also criticized Jeremie for chastising Justice Rajendra Narine who asked for a police and DPP investigation of a controversial affidavit sworn by Jamat al Muslimeen Leader, Yasin Abu Bakr.

Jeremie said he would be writing the Law Association in the wake of the comments by Daly and the law Association.

"The Council awaits receipt from the Attorney General of the letter and opinions to which he refers in his address to the Parliament and will consider same at its regular monthly meeting in mid-October," Dindyal noted.

Jeremie is standing by his position that Justice Narine was out of line to ask for the investigation since two higher courts had ruled it irrelevant.

On Tuesday, he presented two legal opinions to support his views. They are from Jamaican legal expert Lloyd G. Barnett and former Jamaican Solicitor General B. St Michael Hylton QC.

This is what Barnett says:

“When a court orders an affidavit to be removed from the record on the grounds that it is scandalous, vexatious or oppressive, the effect is to destroy or nullify the public or official records of the statements contained in the affidavit

“Any reference to the affidavit in the same or related proceedings is improper. In fact it is the duty of the Registry to destroy the affidavit because it should no longer be referred to in the pending proceedings...In the instant proceedings my understanding is that the trial judge was dealing with a sequel to the Court of Appeal decision which ordered the removal of the affidavit from the record. So not only was there an order of the higher court by which he was bound, but the proceedings were related.”

Hylton stated:

“It was inappropriate for him to make any reference to the challenged affidavit at all and should have treated it as never having been filed.”

PNM refuses to give court its membership list; Espinet not a PNM member

Rose Janiere went to court Tuesday with a computer-generated list of members of her party - the People's National Movement (PNM) - as directed by Justice Vasheish Kokaram. But she left court without showing it to anyone.

The matter of the PNM's membership list came up the day before in a bribery case involving former Prime Minister Basdeo Panday and his wife, Oma, and businessmen Ishwar Galbaransingh and Carlos John.

Panday filed for a judicial review seeking to have Magistrate Ejenny Espinet, who is hearing the matter, disqualified on the basis of political bias.

Panday's lawyer asked for the list to determine whether Espinet was a member of the party and whether her father, a former PNM cabinet minister, was still on the membership list.

The judge also wanted to know if Attorney General John Jeremie was on the list. His interest in Jeremie was because Espinet is a trustee of the Morris Marshall Foundation and she was proposed for the position by Jeremie.

The defence alleges that the foundation is a PNM organization since it is based in Laventille, named after a former PNM MP and 10 of its 15 board members are PNM members.

Janiere showed up in court with with list and the PNM's members and lawyer Michael Quamina, who told the judge making the list public was "an extremely serious matter". He argued that the members of the PNM have a right to their privacy.

Quamina said the court was really interested in three names - Alexander Chamberlain Alexis, John Jeremie and Ejenny Espinet - and suggested that the judge should peruse the list.

Quamina rejected a suggested that as an alternative the lawyers on the defence team could check the list. But the lawyer for Espinet objected, saying a member of that team was Mickela Panday, who is Panday's daughter, a member of the United National Congress and an MP.

In the end neither the judge nor the defence lawyers saw the document that Janiere brought to court.

One of Panday's lawyers, Anand Beharrylal, asked about names on the list and was told that the names of Espinet and her father were not on the membership roll.

Espinet's lawyer told the court his client was a member of the foundation because of her concern to make life better for people in the depressed community that nurtured her. Douglas Mendes said that was her only sin.

He added that although she was introduced to the foundation by John Jeremie, who has been a member of the PNM since 1995, "There is no evidence of the magistrate sharing any political view with the PNM.”

The judge agreed to give his decision on the matter on October 22.

Both Attorney General John Jeremie and PNM chairman Energy Minister Conrad Enill expressed concern about the request by the judge for a list of all the party’s members. And they said they are pleased with the manner in which the court handled the matter.

T&T not paying expenses for all CHOGM delegates

The Government of Trinidad and Tobago will not be paying the expenses of all delegates attending the November Commonwealth head of Government Meeting (CHOGM). Junior Finance Minister Mariano Browne gave that assurance Tuesday in response to a question from opposition Senator Wade Mark.

"The country is only responsible for the head of State and only two or three people after that. Nothing more," he said.

Browne explained that the same arrangement was in place for the Summit of the Americas in April. He said Trinidad and Tobago paid the bills of the 120 people for three of four days.

"At most it won't be more than four people so that we would be responsible for a total of 216 people at best in terms of accommodation. But we have to make certain that our accommodation is available to engage all the people that are likely to come," Browne said.

The Americas summit included costs for vehicles and the charter of two cruise ships. The cost of the ships alone was $120 million and the special vehicles cost the same amount. tens of millions were also invested in infrastructure upgrading, including work at the old terminal at Piarco International Airport.

Read the story: PM says summit cost TT$350M so far...

The final figure for the first international summit was closer to $1 billion although then government has allocated $630 million for both gatherings.

Mark charged that the Government is about to spend "another $1.5 billion" to stage CHOGM.

"It might be too late to turn back. But let these fellas help you. Let the heads who are coming here pay for their own hotel accommodation so that we can put some money towards building roads, providing water, hospital, hiring more police officers," he said.

Barbados reports first Swine Flu death

Barbados has reported its first death from Swine Flu.

Chief Medical Officer Dr. Joy St. John made the announcement Tuesday, saying the victim was an adult who had "underlying medical conditions."

St. John did not provide any other details.

Barbados has recorded 96 cases of swine flu.

The World Health Organization (WHO) says more than 300,000 cases of Swine Flu have been confirmed around the world. More than 3,900 people have died from the H1N1 virus, which causes the flu.

Be careful with Canada-CARICOM trade deal: Former Bajan PM

Former Barbados Prime Minister Owen Arthur has cautioned Caribbean Community (CARICOM) governments about any new trade deal, saying any trade and economic agreement reached with Canada must be “better than what we got from Europe”.

The European Union and CARIFORUM - the 15-member Caribbean Community (CARICOM) and the Dominican Republic - signed an Economic Partnership Agreement (EPA) in October last year aimed at strengthening ties between the two regions.

The EPA removes all tariffs and quotas on Caribbean exports to the EU immediately with the exception of sugar and rice, which will be liberalised over short periods.

The EU has also agreed to open up new markets for Caribbean companies and professionals to offer services in the EU while the Caribbean countries will gradual open up their markets over a 25-year period.

CARICOM will soon begin negotiations with Canada on a new trade pact.

In an address to a constituency meeting of his opposition Barbados Labour Party (BLP) Arthur said if the Caribbean is going to negotiate a new relationship with Canada, then it has to be clear, that "any new agreement has to be as good as, or better than, what we got from Europe."

The former prime minister suggested that Canada would not be willing to open up all its markets to the Caribbean.

Arthur said that while it is not necessarily a bad thing to negotiate with Canada, he asked “why are we going to Canada to negotiate without discussing the implications with a society that can be affected as a region?”

He warned that Barbados would need to be careful, since the two economies - Canada and Barbados - are fundamentally linked and that it would be difficult for Bridgetown to successfully negotiate a good accord with Ottawa because of the significant levels of investments.

“Once the recession ends you have to start to phase in a new relationship with Europe and with Canada. So it will not be business as usual. So let us begin to prepare our producers big and small for a more competitive environment that awaits us," he said, adding, "the world has changed."

Judge rejects Panday's expert witness, orders list of PNM members

A judge on Monday dismissed an application by Opposition Leader Basdeo Panday to have expert testimony used in a case filed against a magistrate whom he accuses of apparent bias, ruling that the evidence was presented too late.

Justice Vasheist Kokaram made the ruling with respect to an application filed by British QC Geoffrey Robertson on behalf of the former prime minister and his wife, Oma, to have the expert testimony admitted into evidence.

The Pandays are asking the judge to rule that there is an apparent bias on the part of Magistrate Ejenny Espinet, who is presiding over a criminal matter involving them.

Panday and his wife, and businessmen Ishwar Galbaransingh and Carlos John, are accused of bribery offences related to the Piarco Airport Development Project.

Panday's lawyer told the court that Espinet had an obligation to alert the Pandays of her ties with the People's National Movement (PNM).

He added that Espinet's father Alexander Alexis, was a former Cabinet minister in the PNM administration and Parliamentary Secretary of former prime minister Dr Eric Williams.

During cross examination of the PNM's Rose Janierre, Robertson asked her to supply the court, among other things, a list of the membership of the PNM.

In response to the attorney's question about whether she knew of Alexander Chamberlain Alexis, a founding member of the PNM and a former minister in the Eric Williams government, and Espinet’s father, Janierre said she had found no resignation or expulsion of Alexis from the party.

Janierre said she did not know Alexis, never saw him at the party's Balisier House headquarters or at party functions.

Robertson then requested a list of the PNM membership, the lifetime members, and whether Alexis was a member of the ruling party from its inception in 1956.

Justice Kokaram asked Janierre to try her best to have the list prepared for presentation in court Tuesday morning.

Panday's defence team learned on February 12, 2008, that the magistrate was a trustee and treasurer of an organisation named the Morris Marshall Development Foundation, in Laventille.

They argued that the magistrate never disclosed her involvement in the foundation to any of the parties before her. Robertson noted that 10 of the 15 names on the foundation are associated with the PNM, including the current Minister of National Security, Martin Joseph.

“How could she put that out of her mind when she is judging the PNM’s political enemy? Robertson asked. "She had a duty to let the parties know she was the daughter of a PNM hero and founder, that she was introduced by John Jeremie to become a trustee."

Manning owes state $0.5M; Panday and others also indebted

Prime Minister Patrick Manning is still owing Trinidad and Tobago a half a million dollars.

That was confirmed in the Senate Monday by Attorney General John Jeremie.

But he said Manning is not the only person holding a debt to the state and suggested that the mechanisms are not in place to collect the outstanding sums.

Jeremie made the disclosure in response to a question from Opposition Senate leader Wade Mark. He said the debt to the state is from a failed High Court action in 1997 when Manning was leader of the opposition.

Manning had gone to court seeking a ruling on the law relating to the crossing of the floor act after two of his MPs - Rupert Griffith (Arima) and Vincent Lasse (Point Fortin) defected and joined the Panday government as cabinet ministers.

The court ruled against Manning and ordered him to pay costs totaling $1,153,811 which carried an interest rate of six per cent from the date of judgment, April 28, 1997.

"A sum of $555,000 was paid on account of the award on December 27, 2002. In 1997 there was no other matter in which a sum of money even remotely similar to this has been either awarded or collected by the State as costs," Jeremie told the senate.

Jeremie suggested that the award was exorbitant in comparison to other judgments where costs normally ran between $12,000 and $15,000.

"Matters such as the consolidated matters involving the then leader of the opposition therefore, where joint costs awarded amounted to just over one million are extremely rare and considered an aberration in practice," he said.

He added that there is no official policy position to enable the recovery of costs owed to it. He said in practice the State through the Chief State Solicitor would make written demands but that's all that can be done.

Jeremie promised to pursue a general policy with respect to cost recovery and would take into consideration a policy created by former attorney general Ramesh Lawrence Maharaj.

But he said it is not high on his list of priorities, noting that "...there are other issues on my desk which are much more pressing".

Jeremie pointed out that there are other matters in which outstanding costs are owed to the State including the case of Opposition Leader Basdeo Panday, who still owes $205,043, with an annual interest rate of 12 per cent from the date of judgment on April 22, 2005.

Jeremie said Panday's appeal in this matter also incurred additional costs and both the state and Panday's lawyers agreed on a cost of about $120,000 (£12,000), which is also still outstanding.

In addition, he pointed out that Fyzabad MP Chandresh Sharma owes $160,000 from a case he brought against the Attorney General and no payments have been made to date.

Jeremie also said businessmen Steve Ferguson and Ishwar Galbaransingh also owe the state money from their failed action against the Attorney General and Chief Magistrate. The amount, he said, is $1,095,292.

Compulsory national service for T&T youth?

Acting Police Commissioner James Philbert told a conference in Port of Spain Monday about 2,500 young men died in violence and gang warfare during the past four years.

"The cemeteries are rich. We have young men who keep coming back before the courts. We have to reduce gang involvement.

"We have had to introduce a repeat offenders program to help them. When we look, we find they have failed the drug test, psychological assessment and evaluation,” Philbert said.

He was making a contribution at in a discussion on compulsory national service at a seminar hosted by Citadel Limited on the theme "Saving Lives: Building Communities."

The police chief noted that young men are at risk, pointing out that many of them don't not have a father figure in their lives.

"They don’t know where there father is. They left school early. They dropped out," he said.

Philbert spoke about the famous address by Dr Eric Williams on the eve of independence in 1962 when the country's first head of government said the future of the nation lay in the school bags of students.

Philbert said today those book bags are carrying guns.

"The school bags should have national service. We have to do something if we want the youth to go in the right direction...We have a missing generation," he said.

Citdel executive chairman Louis Lee Sing suggested that the money now invested in the Unemployment Relief Fund (URP) should be diverted to a compulsory national service for the nation's youth. He said it should target unemployed males aged 18-25.

Lee Singh said the program would "harvest" the nation's human resources to the fullest and develop a cadre of skilled, literate developed people while encouraging patriotism.

The head of the country's largest Hindu body rejected the idea saying it's an excuse for the government's inability to deal with crime. Sat Maharaj said such a program would take a problem affecting a small percentage of youth and shift it to the entire nation.

He insisted that law-abiding youth should not be saddled with national service when they could be working on academics.

NJACK leader Makandal Daaga also slammed the idea, saying it must not be controlled by the government, no matter which party is in power.

He fears it might end up like the CEPEP program where workers charged that they were forced to attend a PNM in Woodford Square.

T&T Rapid Rail project cost $55M so far: Imbert

Works Minister Colm Imbert told the Senate Monday government has paid $55 million to Trinitrain Consortium for the first phase of the billion-dollar rapid rail project. That phase is expected to be completed in April.

Read about Trinitrain Conrortium

The project is in three phases. The first involves planning, identification of feasible alternatives and preliminary engineering.

The second is the design and construction and the final phase is operation and maintenance phase for 15 years.

But Imbert said the project is not even a certainty, adding that at the end of phase one government would take of of three options.

• proceed with Trinitrain as the contractor to commence design and construction for some of segments of the project
• have a competitive tender process for the project
• to put the entire project on hold

"No decision has been made to date regarding these options. The decision will be made following completion of phase one when the Government will have the full detail of the prices negotiated with Trinitrain for phases two and three," the minister said.

Finance Minister Karen Nunez-Teshiera has hinted that given the current economic situation the government may decide to halt the project.

Imbert has not said if the initial $55 million preliminary contract would have to be done all over whenever government decides to proceed with it.

LETTER: "The Pilgrim" questions the cost of T&T's Rapid rail

So, Imbert says that the GOTT has so far paid TT$55 Million for the first phase of the rapid rail project.

At an exchange rate of US$1.00=TT$6.30, this converts to US$8.73 Million. The question now arises: what exactly did 'Trinitrain Consortium' actually DO that cost so much.

The explanation that it covers "the planning, identification of feasible alternatives and preliminary engineering" is very suspect when compared to the cost of actual "design and construction".

Surely 'planning' and 'preliminary engineering' must have a design component, else what exactly is being planned and what is being engineered?

How could this phase cost almost US$9 Million, when the design, construction, and supply of materials and the actual rapid rail system including engines, cars, etc. costs by comparison Euro 16,678,133, which at an exchange rate of EURO 1.00 = TT$9.18 comes to TT$153,118,168 or US$24,304,470?

Does "planning, identification of feasible alternatives and preliminary engineering" usually cost 1/3 of the total cost of the project, and yet does not actually "design" anything?

The math seems askew, and someone needs to pursue this matter further. Specifically, one must ask who exactly is Trinitrain Consortium? And are any of the usual suspects involved in it either directly or indirectly, including UDECOTT, Sunway, Monteil, and so on.

I have said it before: the Devil is in the details...
"The Pilgrim" - Via email

CGI of Barbados to buy CLICO general insurance

The CLICO Holdings board in Trinidad and Tobago and Barbados has approved the sale of the assets of CLICO's general insurance company to CONSUMERS GUARANTEE INSURANCE (CGI) Limited of Barbados.

No details on the purchase price have been revealed.

CGI director Peter Harris told the NATION newspaper, "We were among a number of companies that made a bid for CLICO International General Insurance Company. We are under a confidentiality agreement, and a public announcement will be made shortly,"

The paper said the new comes 24 hours after a special committee, headed by Permanent Secretary in the Ministry of Finance, William Layne, approved a bid by the Barbados Public Workers' Co-operative Credit Union Limited's to buy CLICO Mortgage and Finance Company.

Earlier this year, Barbadian Prime Minister David Thompson rejected calls to put CLICO Holdings in Barbados under judicial management.

Instead he opted for a special committee, comprising top government officials and some members of the CLICO board, to sell the assets of CLICO General Insurance Company, CLICO Life, CLICO Mortgage and Finance Company Limited, and the CLICO Balanced Fund.

This move was prompted when the parent company of CLICO Barbados - CL Financial in Trinidad and Tobago - faced near collapse last year, and had to be bailed out by the Trinidad government to the tune of billions of dollars.

Grenada PM makes case for greater Caribbean unity

(Caribbean leaders at signing of MOU for political and economic union with T&T)

Grenadian Prime Minister Tillman Thomas made a case in new York Sunday for deepening the regional integration movement.

"When you look at what’s happening around the world and, in particular, this present global economic crisis, clearly, we need to have a more unified or regional government in the region," Thomas told a town hall meeting Sunday evening in Brooklyn.

"We need to have a more regional approach to governance in the region," he said, citing the cost of regional representation abroad.

Thomas noted that the positions taken by most CARICOM member states at the United nations are similar.

"When you think about world issues and think about how Grenada or Trinidad or Jamaica or St. Vincent would vote, generally, the position is quite similar...I’m saying, look, we could come up with a structure – it’s a regional government.

"We could have one representation at the United Nations representing the region. That’s a possibility," he added.

"Look at the United States, look at Europe, look at other countries how they’re coming together. We have a common language, a common tradition, a common culture.

"All we need to do is improve our sea transportation and air transportation within the region. We can come up with a regional government. It’s not difficult to achieve. It’s been achieved in other countries," he said.

Thomas urged Caribbean nationals in the Diaspora to "help advance that cause," adding that in Brooklyn, "a Caribbean man is a Caribbean man – whether you’re from Trinidad, Jamaica or Grenada."

Trinidad and Tobago signed a memorandum of agreement with Grenada, St Vincent, and St Lucia in August last year for a political and economic union.

Prime Minister Patrick Manning has argued that such a union would benefit everyone and improve the lives of citizens in the three countries as well as those in Trinidad and Tobago.

Read the story: Manning committed to regional union

He has said the 2012 general election would be a referendum on the issue.

Read the story" 2012 election to be referendum on political union
Related story: Is Manning making Grenada a colony of T&T

Warner slams PM for contradictory statements on economy, crime

Chaguanas West MP has dubbed Prime Minister Patrick Manning as a man of contradictions for telling the United Nations General Assembly one thing and the people of Trinidad and Tobago another.

The opposition foreign affairs critic made the comment in reference to Manning's address to the 64th General Assembly Saturday in New York.

Manning told the world body, “We must be very wary of the level of adventurousness in leading financial institutions, which contributed very significantly to driving the world to the edge of an economic precipice, from which we are just starting to pull back."

Read the story: Manning tells UN crime is linked to economic crisis

In a news release, Warner said Manning's admission is "a masterpiece of a contradiction as mere weeks ago his Government in its Budget presentation, turned its back on the “level of adventurousness” and continued in a flippant and frivolous dispensation of the public’s purse".

Warner observed that the 2010 budget bore no resemblance to a “watchful” financial approach that he advocated before the world body.

"In that budget, a total package of 46.4 billion TT dollars, the Prime Minister, through his Minister of Finance, threw caution to the wind in announcing a continuation of ostentatious projects, grandiose skyscrapers and pretentious and pompous infrastructural works," Warner noted.

He said despite warnings about the need "to curb the brazen abuse of the treasury" Manning's finance minister announced massive spending.

"His advice therefore, to the UN and on the need to be wary still of the financial times, mere weeks after his lavish budget at home, must be listed as the consummate economic paradox.

"Manning’s inconsistency even borders on political schizophrenia; saying one thing at home and another thing abroad," Warner said.

Commenting on Manning's rhetorical question to the UN: "How many more dreams must now, once again, be deferred?" Warner wondered why Manning never thought of posing that question at home.

"How many dreams of homeowners have been deferred by a vicious and draconian property tax regime? How many dreams of the working class have been smashed by failure to address the minimum wage?

"How many dreams of the former sugar workers have been shattered by failure to ensure that lands are given to them? How many dreams of an entire nation have been squashed by not dealing with crime, poverty and unemployment?" Warner asked.

"These dreams and aspirations would one day find true realization under a new political dispensation. The nation cries for it. The country begs for it. Manning denies it," Warner concluded.

Warner also took the prime minister to task for his statement on crime. Manning attributed crime to the loss of preferential markets for sugar and banana.

The MP called that "an absolute and unconditional untruth, fabrication and political invention. It is the most nefarious and despicable fabrication of the truth and yet another feeble attempt by the Government to shift responsibility and deflect from national attention."

Warner noted that an analysis of crime statistics in Trinidad and Tobago suggests that the majority of crimes, particularly murders, are the result of drug and criminal gang activity and that these crimes are concentrated mainly along the East-West Corridor.

"Any study would reveal that these citizens who have been under the siege of the drug trade and criminal gangs were not the persons who were displaced by the sugar and banana industries. They were in fact, socially and politically oppressed by the PNM for decades," he said.

Warner said the real reason behind the continuance of the drug trade and criminal gangs is "the mismanagement of the affairs of the people; the wastage of over $20 billion by the Minister of National Security over the last seven years; and the refusal of the Prime Minister and the Government to stop cuddling and befriending criminal elements."

He was adamant that the contribution of the decline of the sugar cane industry pales in comparison to "the deliberate incompetence of the Government in dealing with crime and their refusal to provide the police with basic, modern tools and resources to protect the people."

The Prime Minister’s address to the UN was a blatant attempt to shift responsibility from himself and his incompetent Government, Warner said.

"He must not escape the public’s scrutiny on this barefaced untruth and falsehood. He must stop speaking untruths and placing blame on the innocent, oppressed people of Trinidad and Tobago for his own misconduct and maladministration."

Letter from a reader: Manning's crime statement "stupid"

In spite of all kinds of sociological and demographic evidence to the contrary, Prime Minister Patrick Manning declared to the UN on Saturday that the "rising crime that is currently affecting Trinidad and Tobago and the Caribbean region has been caused by the loss of preferential markets for the export of bananas and sugar..."

Really?

Which one of his anti-crime initiatives, which one of the various foreign experts (from Mastrofski come down) arrived at THAT conclusion?

Crime is now linked to sugar and bananas? Since when?

Why not point instead to his party's collusion with internationally recognised terrorists, their coddling of known criminals (creatively rebranded as 'community leaders'), their single-minded erosion of the rule of law and the deliberate demoralization of the police service, and the rampant government abuse and corruption, among a host of other factors that are certainly more contributory than a 'loss of preferential markets'?

The reality is that the preferential market issue has been waved around since the 1980's, and the Caribbean as a whole has had over 20 years to get its act together and diversify.

To keep dragging the same issue out over and over and using it as an excuse for the societal deterioration we have seen in the past 7 years is not just flawed logic - it is facile and, in a word, stupid.

And worse, it assumes the audience to be stupid too.

The PILGRIM - via email

Annisette might be absent for Senate debate on validation bill

Independent Senator Michael Annisette is seeking legal advice on whether he should attend this week's sitting of the Senate at which members will debate the government's Validation and Immunity from Proceedings Bill 2009 seeking to legitimise the commission on enquiry into UDeCOTT and the construction sector.

The bill seeks to validate the probe which has been suspended because of the failure of the government to gazette the commission.

It will also allow commissioners to use all evidence given so far to prepare their report to the President. And it will protect every commissioner and witnesses who gave evidence to the commission from any action or suit.

Read the story: Validation bill laid; UDeCOTT gets OK to challenge probe

UDeCOTT is taking legal action to block the commission and its legal team has advised that the government move cannot retroactively legitimize the commission.

Annisette is a member of the UDeCOTT board and he has defended the state company's right to defend itself.

"Given my interest in the matter, I will be directed by the rules and regulations. I always try to operate on principle irrespective of what people may say," Annisette told local media.

The president general of the Seamen and Waterfront Workers’ Union spoke out against the validation bill last Friday when the attorney general introduced it in the Senate, saying UDeCOTT has a right to file for judicial review against the Uff commission. He was adamant that the state had no right to try to stop UDeCOTT.

Read the story: Senator Annisette defends UDeCOTT

The Senate will debate the bill on Thursday before sending it to the House of Representatives.

It requires a special majority, which the government has in the House but in the Senate it needs at least four additional votes. Those votes could come from either the opposition or four of the nine independent senators.

So far the opposition has not stated if it would support the government. However the bill is likely to get support from some independents who had been very vocal in demanding the inquiry in the first place.

Rethink tax on agricultural property; make T&T caribbean bread basket

Farmers have substantial power and they must use it to ensure that the right measures are in place to make Trinidad and Tobago the food basket of the Caribbean. That's the message that the President of the Agricultural Society of Trinidad and Tobago delivered to about a thousand farmers Sunday at a national agricultural forum at the Macoya Wholesale Farmers' Market in Tunapuna. Dhano Sookoo told her colleagues she believes that the government appears to getting its priorities right but putting emphasis on the agricultural sector, although she was not impressed with the new property tax on agricultural land. Sookoo said the renewed focus on food security comes at "a necessary time", since shortages of food is now a major global issue. But she urged the Manning government to think carefully about the one per cent tax on agricultural land announced in the budget Sookoo said citizens are still feeling the burdens of decades of agricultural neglect and added that perhaps the time has come when "farmers are no longer the forgotten part of society". But she raised a red flag about the property tax, suggesting that it would hinder the high level of development that the agricultural sector needs to modernize itself "We must pay cognizance to the fact that the agricultural sector is not developed and cannot be burdened with further taxation," Sookoo declared. Sookoo warned that the time for talk in relation to agricultural development in this country is over. She observed that farmers are beginning to recognise the tremendous power they hold and said those involved in agriculture must ensure that government delivers on all its promises. She reiterated that farmers have a significant role in national development. In recognition of that, she said both policy makers and farmers must take the initiative to help "reposition Trinidad and Tobago as the food basket of the Caribbean".

UNC MP's, OWTU demand gov't stop attempt to decertify unions

Two opposition Member of Parliament and one of Trinidad and Tobago's most powerful trade uions are demanding that government intervention to stop two state-owned organizations from trying to decertify the trade unions representing their workers.

Oropouche East MP Roodal Moonilal and Senator Wade Mark, both of whom have union roots, told reporters Sunday it's time for citizens to demand action from the government.

They were commenting on attempts by the state telecommunications company, TSTT, and the public transport corporation, PTSC, to decertify and revoke the recognition of the Communication Workers' Union (CWU) and the Transport and Industrial Workers' Union (TIWU).

TSTT workers, represented by CWU, are engaged in protest action because of delays in concluding a new collective agreement.

The 13 PTSC has dismissed 13 workers for protesting at its main terminal at the City Gate facility in Port of Spain.

Both politicians called for the immediate reinstatement of the affected workers. Mark went further and called on citizens, trade unionists, churches, non-governmental organisations and political parties to unite to urgently remove the "anti-worker" Government.

Moonilal saw the situation as creating an opportunity for a united political movement against the government. Both Mark and Moonilal are members of the United National Congress (UNC), which is split in two factions.

Mark, who is a UNC deputy leader, and Moonilal support the Panday group which is backed by the majority of elected MPs and senators. Chaguanas West MP Jack Warner, who is also a UNC deputy leader, leads the sop-called RAMJACK group, which comprises two other MPs - Ramesh L. Maharaj and Winston "Gypsy" Peters.

Moonilal said the first priority for a united group must be to "force those state companies to withdraw that application before the court."

Moonilal, who is a former labour minister and is an industrial relations specialist, said the Industrial Relations Act allows Labour Minister Rennie Dumas to intervene and resolve the matter. He said no one has to even ask the minister to act on behalf of the trade unions.

Moonilal observed that although there are substantive issues before "the Ministry of Labour and/or Industrial Court, so that no Industrial Relations Offence have been proven, so that both PTSC and TSTT are acting prematurely."

The president general of the powerful Oilfied Workers Trade Union (OWTU) also expressed concern Sunday about the situation.

In a media statement, Ancel Roget warned that "recent attempts to trample the labour movement will be met with strong acts of resistance".

He said what is happening at both organizations shows that the government is trampling workers' rights. And he called on TSTT to immediately withdraw the industrial relations matter and the application before the court to decertify CWU as the majority recognised union.

Roget also called for workers dismissed by the state water authority, WASA, and the two others organisations - PTSC and TSTT - to be unconditionally reinstated.

"For a long time OWTU has been warning the country about the anti-worker, anti-people stands of this government," Roget said. "It started with WASA workers, then TSTT workers and now more recently PTSC workers," he added.

"The Oilfield Workers’ Trade Union will not allow this trend to continue as workers exercising their constitutional rights to protest and to demand better terms and conditions of work in order to fulfil a decent standard of living," the union boss declared adding that "such attacks against labour are attacks against the democracy of a country."

He called for urgent action: "The Oilfield Workers’ Trade Union is prepared to swiftly match these frontal attacks with defiance and the full resolve of all workers whose rights must be defended at all cost and by all necessary means."

Manning tells the UN crime is linked to economic crisis

Prime Minister Patrick Manning told the General Assembly of the United Nations Saturday that crime in Trinidad and Tobago and the Caribbean is a serious problem that is causing the region tremendous economic fallout.

He told the world body the Caribbean is today plagued by the illegal drug trade, with the region being used as a transhipment point for illicit drugs to North America and Europe.

But while he admitted the problem, he did not attribute it to local conditions.

Instead, Manning said the rising criminal activity has been caused by the loss of preferential markets for the export of bananas and sugar, commodities that have little or no economic value to Trinidad and Tobago.

The country's export agriculture has been almost non-existent since the PNM administration closed the country's only sugar producing-exporting company, Caroni (1975) Ltd., shortly after the 2002 general election.

And the bulk of external earnings come from the energy sector.

Yet per capita crime in Trinidad and Tobago is the highest in the region, and among the highest in the world, with 398 homicides so far this year and daily reports of a vast array of criminal activity.

In the past Manning has tried to link the failure of law enforcement in Trinidad and Tobago to problems in neighbouring states.

He told his People's National Movement (PNM) in June this year that he intends to offer economic assistance for the country's neighbours because the worsening economic situation in other Caricom countries poses serious threats to Trinidad and Tobago through illegal immigration, narcotics trafficking and a decline in local exports throughout the region.

And that's the message he took to the United Nations on Saturday, linking crime purely to external circumstances.

"Mr President, the security situation has been aggravated by the deteriorating economic situation in many of our countries, weakened by the loss of preferential markets for bananas and sugar," Manning told the General Assembly.

"The new paradigm of reciprocity in trade, and the fact that both the tourism industry and the financial services sector to which many have turned to supplement their economic development have not produced the anticipated returns.

"The economic situation of these countries has, therefore, become even more critical, with severe consequences for the security and prosperity of our region, given the inextricable link between security and socio-economic development."

Manning told the world body the illegal drug trade in the Caribbean "has a most corrosive effect on our small societies, fuelling, for example, trafficking in small arms and light weapons, with troubling consequences".

And he appealed to UN member states "to negotiate a legally binding Arms Trade Treaty to join the fold of states working to ensure that it becomes a reality."

The Panday administration negotiated a treaty with the United States in 1996 to help deal with the problem of maritime drug trafficking. As leader of the opposition at the time Manning objected to the so-called ship rider deal, accusing the government at the time of ceding the country's sovereignty to a foreign power.

Read the treaty

Manning had boasted to Trinidad and Tobago that the global economic crisis that gripped the international community last autumn would not be a major issue for the Trinidad and Tobago economy.

He had a different take on the effect of the global economic crisis on the Caribbean.

"We must be very wary of the level of adventurousness in leading financial institutions, which contributed very significantly to driving the world to the edge of an economic precipice, from which we are just starting to pull back," Manning said.

He called on the UN to "ensure that the reform of the international financial institutions" such as the World Bank and the Inter-American Development Bank.

He added, "The trust of the world in the totally unregulated market has been entirely misplaced. We must now capitalise on the opportunity of this crisis and, without delay, reform our international economic system."

On another issue, Manning proposed that the United Nations convene as soon as possible a special summit on Non-Communicable Diseases, noting that forecasts indicate that by 2020 such diseases will account for "about 73 per cent of global deaths and 60 per cent of the global burden of diseases".

He also expressed concerns over proposals for an international standard for dealing with the global problem of change.

"Trinidad and Tobago makes it absolutely clear that we do not accept the per capita basis for the determination of levels of carbon emission. This is manifestly unfair to a small, energy-producing, developing country like ours with a small population," Manning said.

T&T's top cop says gang culture defeats justice

Trinidad and Tobago's acting Police Commissioner (CoP) told the Sunday's Guardian's Clevon Raphael that the chairman of Police Service Commission Christopher Thomas did not express concerns about the CoP's performance as reported last week in the Guardian.

And James Philbert said there never was any question of "threats" from Thomas, noting that he felt the newspaper "took a certain slant" in reporting the story. He also denied that he had any deadline to produce a plan on how he intends to reduce the crime rate.

Pressed about the matter, Philbert told Raphael there has always been a plan.

"When I joined the service 43 years ago, there was a plan; what happens is that you have to keep changing that plan, because you are being fed by intelligence and there is no new plan," he said.

Philbert also gave Raphael a lesson on policing. "Police for me is on the streets. You need to mentor; you need to supervise; you need to manage it out there, and you need to get in touch with the public and get in touch with what is going on. There is a lot of paper work to do, but I would not like to miss the action outside."

And in response to a question about the high crime rate Philbert had this to say:

"If you understand what are the causes of homicides, the mere presence of the Commissioner and his personnel on the streets would not affect the homicide figure. That has to do with gang activity, and if you understand the gang culture...how they operate, is like warring factions. But strangely enough, we have contributed to a reduction in gangland activities."

Raphael wanted to know why police cannot just arrest gang members. Philbert responded by asking his own questions.

"First, perhaps you should ask how many of them have been held; how many of them are out on bail; how many have been convicted. That is what you need to know, I do not have those figures at my fingertips, but you also need to understand our gang culture to understand why they are still outside."

However he did not provide an explanation to support his position. When asked, "Why are they still outside?" Philbert was vague.

"For various reasons, and as I said, gangs are warring factions who do various things, but they come together to defeat justice" but keeping their wars and murders to themselves and out of the courts. This applies even to murder, he said.

He said one way to deal with gang problems is to find out why young people continue to join gangs. He didn't offer any solutions but suggested that it has to do to with a breakdown of institutions such as the family and the schools.

"I could tell you where my daughter is, but in so many other instances where families are broken up, some parents do not really know where their children are," the commissioner said.

He said times have changed since he grew up in a single-parent home.
He dismissed Raphael's suggestion that the the murder rate is so high because killers know they can get way with it.

And he rejected the idea that the high crime rate is an indictment against the Police Service.

"No. I don’t think so, and in a way you are pointing at the investigative factor and what does that rely on? People. And we have now moved strongly to the scientific part—DNA. But DNA is not magic, so both are extremely important," he said.

He said he shares the confidence of the national security minister that the homicide figure for 2009 (now at 398) would be lower than the previous year's high of 550.

"We were seeing a drop before that horrendous weekend with 12 killings; we were 12 behind the figure for the corresponding period last year. Today, I think we may be on par or even behind on last year’s number," he said.

He concluded the interview by saying he believes the Police service needs to have more technical resources to deal with crime.

Read the full interview

Who will dare buy Jamaat property? - A letter from a citizen

There is much talk about auctioning the properties of the Jamaat Al Muslimeen.

But who is courageous enough to buy these properties?

Will the current occupiers be evicted before sale? Even if they are sold what value will be placed on them?

In this sale it is crucial that there be an upset price, and if there is, what will happen if no one reaches that figure?

What kind of protection will be afforded to any purchaser if the Jamaat decides that they will invade and reoccupy the various properties?

Will they be given proper protection by the State?

I still see clearly in my mind’s eye recollections of a newspaper photo of a court document being thrown to the ground when a senior police officer attempted to serve it on the Jamaat.

We can parade as much as we wish but the big question remains. Does the Government have the stomach to bell that cat?

H. Mc INTYRE | Belmont
(Repreinted from Newsday - Sat. 26 Sept. 2009)

Browne explains property taxes, slams "ignorant" critics

A government minister on Saturday suggested that criticisms of the proposed property tax legislation are based on ignorance rather than on sound economic calculations.

Mariano Browne, Minister in the Ministry of Finance Mariano Browne, told reporters on Saturday the responses so far have been "ignorant."

Speaking after a general council meeting of the People's National Movement (PNM), Browne admitted that the public does not have enough information about the tax regime.

“If you pay $10,000 a year in rent, the rateable value is 90 per cent which is $9,000 and three per cent of that is $270," Browne explained.

He said the finance minister has merely alerted the public about the Government's intentions to streamline the taxation system, adding that legislation to deal with it still has to go before Parliament for debate.

"There will be an opportunity for review, further communication, when the legislation is brought to Parliament. The idea is that we would certainly like to have it in position by January 1, 2010 because it is a lot of work between now and the end of the year to get it into position," Browne said.

He suggested that people are getting emotional about the issue and behaving as if the government will immediately begin taxing property owners.

He made that same point in the Senate on Friday. "People are not going to get up and pay x, y and z tomorrow," Browne said.

Browne said although the budget has passed, the tax issue is one that has to go back to parliament as a separate piece of legislation.

"In terms of a legislative agenda, this legislation would have to be brought to Parliament and debated. That is why it is not listed as a fiscal device. It is not listed as a fiscal measure. It is listed as part of a reform measure," Browne told the senate on Friday.

Browne suggested that the "reason why everybody is getting jumpy over" the property tax reform is because "the intention is to move to a metering situation" so as to separate water rates from property values.

Certain issues that are presented as government policy might not have been discussed or agreed at the cabinet table. That appears to be the case of a statement in the budget speech that government intends to import quarrying material from Dominica.

Finance Minister Karen Nunez-Tesheira told the House of Representatives on September 7 the government would be looking to Dominica as a supplier of aggregate as an alternative to importing from Canada.

She explained that importing material from Canada became necessary because domestic demand outstripped domestic supply.

The Sunday Guardian asked energy minister Conrad Enill about it, since quarrying falls within his portfolio. The paper said Enill said it was news to him.

And the Quarry Association of Trinidad and Tobago has challenged the assertion that local quarry operators cannot meet the demand and even suggested that Trinidad and Tobago did not import aggregate from Canada as claimed by the finance minister.

Association president, Ramdeo Dan Persad told the Guardian that since the last quarter of 2008, "supplies of locally-produced aggregate have been adequate to meet our domestic demand, such that no aggregate has been imported during his period."

In a full-page ad in the Guardian dated September 16, Persad stated that most local processing plants are operating well below capacity because of the current decline in the construction industry.

"It is to be noted our members have made significant capital investments, through our local banks, in modern processing plants and equipment, to facilitate increased local demand," the ad stated.

"In addition, the Tobago House of Assembly purchased and installed a new state-of-the-art hard rock crushing and screening plant and associated forward linkage infrastructure for the production of aggregate and concrete from its rich local geological resource base of volcanic rocks, called diorite, similar to or of better quality than are to be found in Dominica," it added.

Persad said the Dominica initiative is not necessary because local businesses can supply all the country's current needs.

"Simply stated, setting up another entity in our already saturated production environment will result in mountainous stockpiles of unused production, and hence jeopardise only the capital and human investment in this sector," Persad said.

According to Persad, local quarries employ 20,000 workers directly and more than 100,000 indirectly, through the supply of equipment and spares and associated plant, and investment in the industry is around $3.5 billion.

Last week, Diego Martin West MP Keith Rowley expressed shock over the news of importing from Dominica, pointing to a $100 million quarrying initiative by the Tobago House of Assembly.

The former cabinet minister told local media Sunway International of Malaysia was awarded an exclusive "take or pay" quarrying contract in Tobago. He explained that what it means is that even if the Government did not take material, it still had to pay for it.

Rowley suggested that the Dominica decision is tied to the government's quest for economic union with OECS countries like Dominica.

Validation bill laid; UDeCOTT gets OK to challenge Uff probe

Attorney General John Jeremie laid a validating statute in the Trinidad and Tobago Parliament Friday to give retroactive legal-standing to the Commission of Enquiry into the Urban Development Corporation of Trinidad and Tobago (UDeCOTT) and the construction sector.

UDeCOTT is challenging the state on that, arguing that the enquiry cannot have retroactive legitimacy.

The commission is on indefinite hold because the non-publication in the Gazette meant that its work so far has lacked legal standing. That was the reason commission chairman John Uff gave when he suspended the hearings earlier this month.

Read the story: UDeCOTT probe has not collapsed
Read the story: T&T Gov't to salvage Uff probe

Government reacted to the suspension by promising to plug the legal loophole with a validation bill. At the same time Jeremie said that retired Justice of Appeal Anthony Lucky would conduct an "urgent probe" on how the Government failed to comply with the legal requirement to publish the holding of the commission of enquiry in the Gazette.

The government laid the validation bill in Parliament on the same day that a High court judge granted UDeCOTT leave to file for judicial review and challenge the validity of the commission.

Justice Mira Dean-Armorer has set next Friday to hear oral application on what interim reliefs will be granted while the substantive matter is being heard.

UDeCOTT is asking commissioners not to proceed any further with the inquiry until the matter is concluded. It also wants to block the commissioners from preparing any report until then.

UDeCOTT's challenge is based on the fact that the commission has no legal standing because it was never gazetted. It is also arguing that the commission does not have retroactive effect although it was published in an extraordinary edition of the Gazette on September 11.

It is also claiming bias by former commissioner Israel Khan and commissioner Sirju.

Validation bill needs opposition support

The validation bill that Attorney General John Jeremie laid in the Senate Friday cannot become law unless it gets the support of the opposition or some independent senators.

The bill is aimed at retroactively validating "all acts and deeds of the Commission of Enquiry into UDeCOTT and the construction sector", and giving immunity from anyone who participated "in any shape or form" in the enquiry.

It also provides that the evidence given to the commission can be used by the commissioners in the preparation of the report to the President.

It would retroactively legalize everything since the start of the hearings on Sept. 9, 2008,

UDeCOTT is fighting all that in court.

The passage is guaranteed in the House of Representatives but it's not certain to pass in the Senate, where it needs 19 of the 31 senators to vote for it.

If the opposition decides to support the bill then it will get easy passage, since the 15 Government senators and six opposition members would give it the number of votes required to pass.

Opposition leader Basdeo Panday wants to see the details before making a commitment.

Among the independent senators, Gail Merhair has stated previously that she sees her role as maintaining the status quo, so she will likely vote with the government on this. Other independent senators are likely to support it as well because they have supported the probe into UDeCOTT.

However, Senator Michael Annisette, who is a UDeCOTT board member is unlikely to give the bill a nod.

In the past he has been sympathetic to the government, but this time he is objecting to attempts to deny UDeCOTT its right to defend itself and get a fair hearing.