Jack's lawyer finds no conflict in dual role as minister and Fifa VP

Jack Warner's lawyer, Om Lalla, has found no conflict in the matter of the Works and Transport Minister holding the international post of Vice President of FIFA, the world governing body for Football while serving in cabinet.

In a comprehensive legal opinion delivered Monday, Lalla stated:

"At this point in time, there appears to be no material evidence to establish that Warner has done any act or thing that could be held to undermine public trust and confidence in his integrity or that he is in breach of any provisions of the (Integrity in Public Life) Act."

Opposition Leader Keith Rowley, in his first act on taking office, raised the legitimacy of Warner’s appointment as Minister of Works and Transport while simultaneously holding the position of Vice President of FIFA and directorship of CONCACAF.

He wrote to the Integrity Commission seeking guidance on the issue based on the Code of Conduct in Section 23 of the Integrity in Public Life Act and the Code of Ethics for Parliamentarians including Ministers adopted by Parliament in April 1987.

Lalla stated that Rowley’s letter was "clearly not a complaint but simply seeking guidance on whether Warner’s appointment...undermines public trust and confidence in his integrity."

He said the question whether Warner’s appointment as Minister of Works and Transport and his current status as Vice President of FIFA constitute or would constitute a conflict of interest must be determined on the basis of Section 29, Subsections (1) and (2) of the Integrity in Public Life Act and Code 20 of Code of Ethics for Parliamentarians Including Ministers.

He said it would seem that the Code of Conduct relevant for consideration is whether Warner as Minister has acquired any position or has any commercial or other interest "that is incompatible with his office, function and duty or the discharge thereof".

Lalla concluded that it appears that Warner followed the Parliamentary Code of Ethics and disclosed to the Prime Minister and to the public his position as Vice President of FIFA.

"However, the issue in question is whether he is in breach of the Code of Conduct under the Act or the Code of Ethics for Parliamentarians and Ministers or whether there is likely to be a conflict of interest vis-a-vis his portfolio as Minister of Works and Vice President of FIFA," he noted.

Lalla said based on the evidence before him, there is no material evidence to suggest any conflict.

"It is significant to note that there is no provision in the Act which provides for the disqualification of a person per se from holding the office of a Minister if he were to also hold some private appointment (such as Vice President of FIFA) unless it can be established that there is or will likely to be a possible or perceived conflict of interest with his office or his function and duty," Lalla pointed out.

He said the function of the Vice President of FIFA "is not of a professional nature and consequently does not involve the practice of a profession or the routine work of any business."

He added, "As a consequence it would seem that there is a remote likelihood that Warner’s position with FIFA would inhibit his fairness and impartiality in the exercise of his public duty or erode public trust and confidence in his integrity as a Minister."

Lalla cited similar cases of ministers in England where the conclusion was that no conflicta of interest arose between their public duties and their private interests, financial or otherwise "since ministers wield executive authority."

He said, "The question for consideration in my opinion is whether and if so to what extent would Warner’s Vice Presidency with FIFA impinge or be likely to impinge on his function as a Minister so as to give rise to any perception of conflicts of interest or the erosion of public trust and confidence in his integrity as provided for in Section 24 of the Act having regard to the remoteness of interest between the Government and FIFA.

"In any event assuming there was to be some transaction between Warner as Minister and FIFA he would be expected to declare his interest in FIFA to the Prime Minister and Cabinet and refrain from taking any decision thereof...

"Accordingly for the present purposes and more particularly in the absence of any evidence to the contrary it would seem premature to postulate that Warner’s Ministerial appointment is in conflict with his status as Vice President of FIFA," Lalla declared.