Although the Public Services Association (PSA) has not rejected the 13 per cent offer from the Chief Personnel Officer (CPO) Stephanie Lewis, the association’s president Watson Duke says it is not enough for the 33,000 public servants that continue to operate on a 2010 salary.

Revealing that they were “thankful” for the current offer in the ongoing salary negotiations, Duke hoped that despite falling oil prices, an agreement could be reached which would maintain and even increase the purchasing power enjoyed by public servants.
Addressing reporters during yesterday’s news conference Duke said he was confident that ongoing discussions with the CPO could yield a positive outcome.

The PSA received the 13 per cent offer on December 10, which outlined revised terms of employment and conditions of service for public servants and those employed at various statutory authorities. The breakdown of two, four and seven per cent along with a Cost of Living Allowance (COLA) of $160, $175 and $225 for the years 2011, 2012 and 2013 respectively, was extended as the latest offer.

Duke said in addition to the 13 per cent, the PSA was also seeking to continue negotiations with the CPO “and in doing that, we will find ways to compensate for the seven per cent.” Referring to the latest offer, Duke said: “While we were thankful, we are still hopeful that the economy and the employer would recognise that the 33,000 public officers that would have laboured over the last four years would have done so with great expectancy to maintain their purchasing power.

“In an attempt to make up the difference for what inflation would have taken out of their salary, which is a difference of seven per cent over the last three years,” Duke continued: 
“We cannot have public officers doing yeoman service, paying 14 and 20 bills and making sacrifices for this country and living on 2010 salaries.”

Aware that the global economic outlook could affect the local landscape, Duke admitted:
 “We are mindful of the falling oil prices and the future seems to be unknown, based on a global perspective. However, we are confident that if we are to meet with the CPO in good faith, that something could come out of this.”

Feedback meeting
The PSA executive is scheduled to meet with over 100 section leaders at its head office on Friday followed by a general membership meeting on January 4 next year at the Centre of Excellence, Macoya. Duke said the meetings were intended to acquire feedback from members, as well as enlighten them about the union's position.

Regarding the last agreement in 2010 which was affected by the global financial crisis, Duke said sacrifices were made and although they were promised that the job evaluation exercise would have been completed in two years, it has now been four years and a new completion date of February 2015 has been set. 

“Public officers are living in expectancy that every year will bring them a new lease in life, but they have been slapped in the face over and over again, and a burden has now been placed upon us to use creative means, non conventional means to settle this dispute as amicably as possible,” Duke said.

Supported by the PSA executive team, Duke said negotiations were also intended to address various issues including salaries, contract employment, the new standards being set for workers, health and pension plans for retirees, job security, existing vacancies and the continued transformation of the public service.

Stressing the importance of public servants, Duke said, “We do not want to engage in any form of behaviour that would reflect the way we feel, because if we were to do so now it will not reflect very nicely. Public officers are under tremendous pressure, bearing financials burdens of this country since the 1980's.”

“However, it is time for public officers to receive a better day, and we are willing to talk about that and we are willing to engage the employer in coming up with creative ways, whether costs or non-costs, but public officers must be able to enjoy a better day in spite of the falling oil prices,” he said.

Asked if he was concerned that the matter could be referred to the Industrial Court if an amicable solution could not be found and which could possibly result in public servants receiving a lower offer, Duke replied, “I am quite clear that this matter will not be sent to the Industrial Court. To do that is to thrust the fist of the State in the face of public officers. We do not want that and it will not be in the nation's interest to attempt to penalize public officers for wanting more, in a time when they have been bearing the financial burdens of this nation for so long. No wise employer would do that.”

Pressed to say how they intended to move forward, Duke said the PSA was ready to meet with the CPO anytime. “If while we are having discussions, if the offer has not improved, then we will have to consider the options and consider our options,” Duke said. He added, “We are not calling a fight or drawing lines in the sand, we know the cost of that to our nation. We want to be responsible adults and we are expecting the State and employer treat with us responsibly.”

Admitting there have been “mixed reviews” from their 20,000 members regarding the 13 per cent offer, Duke said, “Some folks are happy as they consider it better than the nine per cent and the 12 per cent. Some folks who have worked out the maths consider it not to be worthy in so far as purchasing power is concerned. We want to ensure that employees receive a salary that does not rob them of their disposable income and purchasing power, and something that does not place them in a less favorable position than they were in 2010.”

Minister mum
Contacted yesterday, Minister in the Ministry of Finance, Rudy Indarsingh, refused to comment on how much the Government would have to fork out to pay salaries at the proposed rate. “Mr Duke doesnt negotiate with members of government, he negotiates with the CPO. We will leave that for the bargaining table.” Finance Minister Larry Howai is currently out of the country.

A letter from the Integrity Commission has cleared People's National Movement whip Marlene McDonald. The letter, dated December 23, 2013, states the MP for Port-of-Spain South was cleared of any breaches of the Integrity in Public Life Act (ILPA). The letter does not specify what issue was brought before the commission. The PNM is also saying that there is no other issue before the commission. 

But one action group, TnTWhistleblower, is continuing its offensive against McDonald raising questions about a $375,000 cheque made out to the Calabar Foundation on May 12, 2010 some ten days before the local government elections. The cheque was made payable to the Calabar Foundation, which was established some months later in August 24, 2010 and according to the documents it was cashed in September that same year.

In a telephone interview with McDonald on Sunday, she said she was meeting with her lawyers to determine how to treat with the "mischief-makers" behind the action group. She said she had an idea who was behind the attack since the same individual was after her since she took office in 2007. Several attempts to contact McDonald yesterday were futile.

Comply! That’s the written directive from PNM general secretary Ashton Ford to PNM’s San Fernando East executive yesterday, mandating the unit to abide by the party leadership’s instruction to submit nominations for general election candidates by December 22. Ford said that would be the last letter to the San Fernando East executive on the issue. 

He said PNM closed off party business on December 22 and screening already had ended for the year. Screening would resume sometime in 2015 but he could not say which constituencies would be screened. Ford’s letter was the latest in correspondence going back-and-forth in the last three weeks on the nomination issue between the Keith Rowley leadership and the executive of former party leader Patrick Manning’s constituency.

While the leadership is insisting nominations be submitted by December 22, the executive has countered that its members asked MP Manning to seek a health assessment and he will do so between December 23 and 31 and he will address the unit on January 2 on whether he will contest or not. If not, he has said, he would recommend someone on whom the constituency could rely and screening could take place from January 3 to 15.

The unit’s last letter to Ford last week noted Manning’s long service, the bond between him and the unit, respect required in the situation and stated that the leadership’s call for nominations in the Christmas week was “bizarre.” The executive also said the nomination process had to involve party groups which would hardly be available over the Christmas period The suggestion by Manning and his executive have, however, been repeatedly rejected by the leadership. 

Ford said the latest letter he sent them yesterday, while acknowledging the unit’s last written appeal, also stated the executive must comply with the party directive on the December 22 date. Ford’s letter also pointed out appendix four of PNM’s constitution. It states that every party group and constituency group and youth league shall have the right to nominate a candidate of their choice for every general election and send the nominations to the general secretary and secretary of each group.

Ford confirmed the view in some PNM quarters that the delays in submitting nominations meant that the right of constituency groups in San Fernando to nominate people was being thwarted. He added: “This issue has been going on since November 10 and it has so far been the longest, a constituency has taken on the nomination matter. “(So) the deadline remains December 22. No extension is contemplated.”

Other top-level PNM officials told the T&T Guardian San Fernando East appeared to be listening to “other people” rather than the PNM leadership. Several San Fernando East party groups have been mulling over names, including former minister Christine Kangaloo and Christopher Chinapoo, in case Manning does not contest. Yesterday San Fernando East PRO Anthony Clarke said up to 4.30 pm the unit had not received any letter from Ford and he was unable to comment until one was in hand.

Other San Fernando East senior executives questioned why the leadership could not “go ahead and screen the other 25 constituencies that have not been done yet” and why they were “harassing San Fernando East.” Officials of both San Fernando East executive and PNM’s national executive have confirmed the leadership could propose a nominee if none was forthcoming by the nomination deadline.

It has never been nor is it the Public Services Association’s (PSA) intention to pressure government into cancelling carnival 2015 regarding concerns over this country’s Ebola preparedness. However, PSA president Watson Duke is warning that the discussion could still take place if it becomes necessary. Responding to questions during a press conference at PSA’s head office, Abercromby Street, Port-of-Spain, yesterday, Duke stressed:

“It was never our intent to stop Carnival. My plans are hoping that everyone has a good Carnival.” Asked whether he thought T&T was adequately prepared for an Ebola outbreak, Duke replied; “I have not been updated within recent times. There seems to be a level of hush-hush on information. 

“I had been reading and seeing what’s happening in the world but what seems to be taking place in T&T seems to be hush-hush as if all the organs that have been created have been dismantled. You are not hearing anything.” The PSA was invited to participate in the stakeholder discussions as various government agencies came together to devise a plan to address Ebola.

During a protest outside the Caura Hospital last month, Duke expressed concerns that Government was not ready and that the facilities set aside to house suspected Ebola patients were inadequate. Duke said the PSA was particularly concerned that the Ebola virus could spread easily and rapidly, due to the high concentration of bodies in contact with one another for the two-day festivities.

Ebola spreads through human-to-human transmission via direct contact. This includes through broken skin or mucous membranes with the blood, secretions, organs or other bodily fluids of infected people, and with surfaces and materials like bedding or clothing contaminated with these fluids. He said during Carnival, people could be found urinating and vomiting on the streets and trees, as well as along designated routes which were heavily traversed by both adults and children.

The Highway Re-Route Movement (HRM) has been given the green light to take its longstanding legal battle, over an injunction stopping the construction of the Debe to Mon Desir segment of the Point Fortin Highway project, to the Privy Council.

While the group was granted conditional leave for the appeal following the dismissal of its application by the Court of Appeal in August, they were only granted final approval yesterday after lawyers representing the Office of the Attorney General consented to the record of the appeal—a process which was necessary for the group to lodge the appeal in the United Kingdom-based court.

The group and its leader, Dr Wayne Kublalsingh, first sought the injunction is September, last year, as they claimed  the State had intensified work on the disputed segment of the highway. They are contending that if the work is allowed to continue, the project will be completed before its substantive lawsuit over the State’s alleged breach of their constitutional rights is determined. 

In May, trial judge James Aboud dismissed the application while agreeing with the State’s argument over the group’s delay in seeking injunction when it first filed the constitutional motion lawsuit in August 2012. Lawyers representing the AG’s office also submitted that the proposed injunction would be costly for the Government, as it would still be bound by its obligations to third party contractors. 

Kublalsingh has since embarked on a second hunger strike over the Government’s refusal to accede to his request stop and conduct a comprehensive technical review the project. The injunction has also derailed the trial of the substantive lawsuit, which was initially scheduled to take place before the end of the year.

Acting Commissioner of Police Stephen Williams may have more support than he thinks. In the wake of a media report that Government was considering amending the Police Service Commission Act to allow a junior to be considered for the substantive post of commissioner before it was shelved due to a lack of support, Williams had suggested he would quit the service if he did not have the support of his colleagues.

But yesterday, even as talks continued to mount that Superintendent Johnny Abraham, head of the Central Division, was being looked at as Williams’ replacement, Prime Minister Kamla Persad-Bissessar gave the incumbent her vote, saying she was happy with his performance. “The Commissioner of Police is entitled to his opinion. I think he is doing a great job, serious crimes are going down,” Persad-Bissessar told the media during her toy distribution drive at the Cedros Secondary School. 

“Commissioner Williams is doing the best that he can in all of the circumstances. Like him, if people are not happy with the job I am doing I will have to walk too or they will have to kick me out,” she added. 

She recalled that a note was brought to Cabinet to expand the selection process to allow for other people to aspire to the top position but the Police Service Social (PSC) and Welfare Association was not in favour of it and it was shelved. But she said her Government had no intention of selecting or handpicking anyone.

Williams, who has been given five extensions over the past two years after taking over from outgoing Canadian Dwayne Gibbs, had told the T&T Guardian over the weekend he was happy with his tenure as acting CoP. However, he said if his colleagues were unhappy with his performance he would be willing to quit the service. 

Denying yesterday there was political interference by her Government in the appointment of the CoP, the Prime Minister said:
“That cannot be because the Government does not appoint a commissioner of police. It is the PSC. “There are 6,500 police officers in the service and the pool to choose from as CoP is narrowed down to three officers.”

She admitted, however, that Williams would have to consider whether he would walk away or face the boot if his colleagues were not happy with his performance. With elections due next year, Persad-Bissessar said she too would have to make a similar decision if people were not happy with her performance.

Swipe at media
Asked if she was concerned about allegations that a former minister was involved in a murder plot, Persad-Bissessar said she would be concerned about any minister or former minister involved in any nefarious activity. She said she would want to see the evidence first but she would be concerned about any citizen being involved in any kind of criminal activity.

Reiterating that the toy drive was not an election gimmick or ploy, Persad-Bissessar said she had been distributing toys in her constituency for over 25 years and when she was elected Prime Minister she expanded it to the rest of the country. She expected that at the end of the toy drive she would have distrubuted toys to 70,000 children and next year, once she was still in office, she intended to increase the number of toys to between 100,000 to 200,000.

She also took a swipe at the media over the recent furore over gift vouchers handed out to selected journalists at her annual Christmas function. “If you are not happy with what we give you then don’t take it and give them back,” she added.

The Police Service has announced a zero tolerance on drunk driving in its ongoing effort to curb serious road accidents and fatalities. In a statement yesterday the Police Service said it has implemented a two-pronged approach to improve safety on the nation’s roadways. The first approached is education while the second is enforcement.

The statement said in 2013 the Police Service launched its iRoadsafe campaign which outreached to tertiary level institutions to engage young drivers. During the campaign, institutions, such as the University of T&T (UTT), University of the West Indies (UWI) and the College of Science Technology and Applied Arts of T&T (Costaat), were visited. 

Residents of several communities also were sensitised through initiatives that involved the use of interactive games and activities as well as through the distribution of the Police Service’s booklets about “Ticketable Road Traffic Offences”. The statement said at the end of that exercise people walked away knowing that drivers who had a breath alcohol level in excess of the legal limit of 35 microgrammes could be arrested without a warrant.  

For 2014 so far, more than 600 drivers have been arrested, charged and taken before the courts for driving under the influence (DUI) of alcohol offences. The Traffic and Highway Patrol Branch has trained over 300 breath alcohol technicians which has bolstered the overall strength of the branch. In addition, the resources of the Traffic Branch have been improved with a new Traffic Branch, DUI and Traffic Enforcement Task Force, the statement said.

Also 20 repeat offenders were caught for the offence of DUI during roadblocks. A driver was fined $6,500 and disqualified from driving for three years. These approaches have led to a change in drivers’ behaviours since, in many cases, most drivers test either well below the limit or zero. The court imposed penalties included driving permit suspensions by magistrates. 

The Police Service said officers would now arrest and charge drivers with readings of 36 and 37 micro-grammes which is  just one or two micro-grammes over the legal limit. According to the statement, maxi taxi associations have also provided feedback that they receive a lot more calls for transporting people to parties, reducing the risks of DUI. 

Local government officials from several municipal and regional corporations are meeting to discuss the implementation of the Dog Control Act. The act became law in June but several sections are yet to be proclaimed and are now before the Legislative Review Committee.

In an interview, vice president of Animals Alive, Jowelle De Souza, said nothing had been put in place by Government for the act to be effective. She said dog owners had been taking their dogs to veterinarians privately to have their pets tagged with tracking microchips but no mechanisms were in place to store data.

She also said people continued to abandon dogs because no provisions had been made by the regional corporations to house animals and while some municipalities had arrangements with the T&T Society for the Prevention of Cruelty to Animals (TTSPCA), most did not. De Souza also lamented that although regional corporations had to prepare buildings and staff kennels, nothing had been prepared.

In an interview, chairman of the Penal/Debe Regional Corporation Premchand Sookoo said CEO Raymond Seepaul was dealing with the issue and he did not know what arrangements had been made. Chairman of the Siparia Regional Corporation Leo Doodnath said Chief Medical Officer of Health Dr Shivnauth Balkaran was putting things in place.

“In terms of the establishment of dog pounds, we have not reached there yet. Dr Balkaran has been mandated to ensure that whatever we have to do with respect to the requirements of the act will be done so we will be compliant,” Doodnath said. He said Balkaran was expected to report to the corporation at its monthly meeting.

San Fernando Mayor Kazim Hosein also said a meeting would be held today to discuss the matter, and $1 million had been allocated to upgrade the San Fernando pound. “Discussions are ongoing to relocate it to Marabella,” Hosein said.

Two classes of dogs

The law separates dogs into two classes—A and B. Class A is considered  the more dangerous types of dogs—the pitbull terrier, Fila Brasileiro and the Japanese Tosa and any dog bred from these breeds. Class B dogs are all other types of dogs. 
The act says the owner of a Class A dog must have an insurance policy with cover­age of not less than $250,000 for each dog.These dogs are banned from entering restaurants or public eating establishments unless they are guide dogs.

If they go into public places, they must be properly muzzled and on a leash. Class A dogs must be licensed for two years. The law gives local government the power to take charge of a Class A dog where the owner cannot meet the requirements of the act.

AG: act already law

But in a phone interview Attorney General Anand Ramlogan said the Dog Control Act was already law and had been implemented. He said this was why nobody had been negligent with their animals since the act was passed. 

“The act is operational right now. If you look at the sections that were proclaimed, you will see the most important sections were proclaimed, and that is why we have not had dangerous dog incidents since those sections were proclaimed. People know if they are negligent they will get locked up,” Ramlogan said. He added that “certain sections of the act which require regulations, and which have been drafted, are before the LRC.”

The proposed move to relocate vendors from the Salvatori building site on Independence Square, Port-of-Spain, to New City Mall, Charlotte Street, by the turn of the new year, has been met with uncertainty from a number of tenants. In September the Urban Development Corporation of T&T (Udecott) which owns the site said all vendors must relocate on January 1, 2015.

Udecott chairman Jearlean John told the T&T Guardian the vendors have been given at least four extensions but ultimately vendors would need another location to ply their trade by January 1. Port-of-Spain mayor Raymond Tim Kee, in an address during a weekly statutory meeting at City Hall, Port-of-Spain, last week said at least 20 vendors would be moved from the spot just after Christmas to New City Mall.

However, that option came to the surprise of New City Mall’s manager Diane Hendrickson, who in an interview said there was little space for new tenants. She said there was space for about four people on the Independence Square side of the Government-subsidized property but nowhere near the figure of 20 vendors as quoted by the mayor. Hendrickson also said she was unaware of any such arrangement and heard about it once on a radio programme.

Vendors at the Salvatori site said they had heard nothing of New City Mall being an option for relocation. One proprietor, Nisha Small, who has occupied her current spot for two years, said she understood Udecott’s demand to vacate the premises.  “I have no issues (with being relocated). If it was my property and I was ready for it, I would ask others to relocate as well... My only problem is, where are they going to put us? No one spoke to us.” 

She said only councillor for St Ann’s East, Janelle Young, has made an attempt to assist her (Small) in relocating. Small said she would go anywhere to “do her hustle”, and although no one spoke to her about New City Mall being used as an option, she would be happy for a booth as it is affordable. Small said she believed a lot more than three booths were available for vendors at New City Mall. 

“A lot of people closed up shop recently because they weren’t paying rent, so, there is enough space for most of the vendors here.” The latest extension to allow vendors space at the site by Udecott was for three months and will expire on December 31. The site has to be cleared to allow assessments and surveys to be done before construction begins on the energy tower project.

Minutes after making his second appearance in court on Monday, triple murder accused Azmon Alexander was brutally attacked by a group of fellow prisoners at the Arima Magistrates Court. During the attack, Alexander, 29, who had moments before been sent for another week of evaluation at the St Ann’s Hospital, suffered a series of injuries, including a broken nose, swollen eyes and face, broken teeth and a stab wound to his back. 

According to sources at the court, after his case was adjourned to next Monday by Senior Magistrate Indrani Cedeno, Alexander was led downstairs to the holding cell area of the courthouse, where prisoners awaiting transport to prison are kept. Alexander, who was initially kept in a separate cell when he was taken to the court earlier, was reportedly placed in a cell with over a dozen prisoners on remand for various offences, including murder. 

But moments later, Court and Process Branch police on duty heard screams and rushed to the holding cell area, where they found the prisoners surrounding a bloodied and bruised Alexander. He was removed from the cell and taken to the nearby Arima Health Facility where he was examined by doctors and received treatment, including three stitches for a deep stab wound to his back. 

Alexander was then transported to St Ann’s where he has been under police guard for the past few weeks. The T&T Guardian was reliably informed that although the prisoners involved were questioned, it may be difficult to lay charges against them as they did not provide any information and the incident was not fully captured by the CCTV cameras in the holding area.

Legal action ahead
Speaking with the T&T Guardian yesterday, Alexander’s attorney Fareed Ali described the vicious attack on his client as very disturbing. “It bothers me because every accused before the court is entitled to due process of law, which means that you go through the legal channels to ventilate whatever issue the police has an individual there for,” Ali said. 

Ali, who had asked the court to send Alexander to St Ann’s for evaluation when he first appeared on the murder charges on December 1, said he held the police on duty responsible because they had a duty to ensure his safety while in their brief custody. “He is essentially in the custody, care and control of police officers. The court cell officers are responsible for his care upkeep and for controlling not just him but all the elements there, police and prisoners,” Ali said. 

While he wished to keep his proposed response close to his chest, Ali said he planned to take legal action to seek redress for his client. “To be suffering in the way he is suffering is not right. I intend to utilise full legal channels in order to ventilate the facts relative to those injuries,” Ali said.

The T&T Guardian understands that Alexander’s family has already lodged a preliminary report with the Police Complaint Authority and may file a civil lawsuit seeking substantial damages for his injuries. Investigations are continuing.  

About Alexander’s case
Alexander and his 17-year-old relative face a combined total of 64 charges related to the disappearance of five members of a Brasso Seco family, last month. On October 26, Irma Rampersad, 49, her two daughters Felicia, 17, and 19-year-old Jannelle Gonzales, Jannelle’s 14-month old baby Shania Amoroso and their next door neighbour Felix Martinez, 52, were reported missing. 

After days of consecutive searches by police and soldiers, Martinez’s body was found on November 8. Three days later police found Rampersad and Amoroso’s bodies in a duffle bag in a forested area of the community. On November 15, police rescued the sisters from a make-shift camp which they stumbled upon while searching deep in the forest. 

Alexander’s relative, who can not be named as he is a minor, surrendered to police that day, with Alexander being captured at Lennox Yearwood Boulevard, Malabar, a week later.

Prime Minister Kamla Persad-Bissessar has defended her decision to host a Christmas hamper drive for the needy at the Diplomatic Centre in St Ann’s today, saying the move was in keeping with her promise to open up the facility to citizens. She made the comment yesterday as she responded to a call by Arouca/Maloney MP Alicia Hospedales for invitees to stay away from the event.

“I didn’t hear (the statement) but if such a statement was made I think it was most unfortunate,” Persad-Bissessar said during the PM’s Christmas Treats function at the Mayaro Resource Centre, Mayaro. “Remember when I became PM, I said I would open up the Diplomatic Centre to everyone. Because these persons may be vulnerable does not mean that they cannot come to the Diplomatic Centre for any event.” 

Labelling Hospedales’ statement unfortunate, the PM added: “No, I took a decision and I am very happy with that decision that we would invite them there, we would treat them and of course also give them their hampers.” In a press release, Hospedales knocked the PM for “exploiting poor people” who would have to find money to travel to the centre for a hamper. But Persad-Bissessar said the recipients would not have to worry about transport. 

“No, the Ministry of People contacted the recipients and offered transport, if it was needed, so it is not as though they have to pay a taxi fare. I understand that not everyone would be able to pay transportation costs to get there.” She added that by making use of the Diplomatic Centre, Government was also saving money.

“We used that venue, which was very appropriate, otherwise we would have had to rent another venue, like the Hyatt perhaps, or rent a venue like Napa, which is still under repair.” In a press release, Hospedales told beneficiaries to preserve their dignity and worth and not allow themselves to be exploited by the Prime Minister, or anyone else who was interested in making a public relations “pappyshow” of their current social and economic status. 

“Boycott any event that seeks to ridicule you, exploit you and diminish your dignity and worth,” she added.

After a long, drawn-out ten-year process the Public Procurement and Disposal of Public Property Bill was passed in the Senate yesterday by a special three-fifths majority. It was passed after 24 members, including 15 Government and all nine Independent Senators, voted in favour of it. The Opposition had debated vociferously against the bill and the six PNM Senators present yesterday abstained from voting.

Opposition Leader Dr Keith Rowley and deputy political leader Marlene McDonald were not present in the Upper House at the time. Leader of Government Business in the Senate Ganga Singh described the passing of the bill as historic. The Opposition’s main contention was that the Government deliberately delayed the passage of the bill over the last four-and-a-half years to conduct certain procurement activities.

It argued that the Bill was brought for passage at this time only to gain political mileage for the 2015 general election. Planning Minister Dr Bhoe Tewarie, who piloted the bill, gave a rousing summary before it was passed. He focused on countering Opposition Senator Faris Al-Rawi’s earlier presentation.

Tewarie said he did not need to respond to Al-Rawi’s charge that the Government was misinterpreting the Opposition’s position “because the population is an intelligent population and knows who is skinning teeth and being deceptive and who is telling the truth.” He said Al-Rawi, like Rowley, sought to turn the procurement debate into a debate on Invader’s Bay and insinuate there was some kind of malpractice in the billion-dollar state project.

He refuted the Opposition’s argument that the Central Tenders Board (CTB) rules were bypassed in the award of contracts for the project. He said the CTB Act in relation to procurement applies to government quarters and not land and that the Commissioner of State Land dealt with all land matters. Tewarie said there was no subterfuge in the delay in the passage of procurement legislation. The bill lapsed because the PNM raised three main issues and the Government wanted to give them a hearing.

Tewarie also countered the Opposition’s argument that the Government did not allow the President to proclaim the bill by absolute discretion. He said the Constitution provided for executive power but the President was not an executive president. Charging that the Opposition really did not want procurement legislation, Tewarie said it was true it brought a white paper on it in 2005 and legislation in 2006.

He admitted it was that legislation that went before a Joint Select Committee of Parliament which presented the report that led to the present bill. However, at no time during its tenure did the PNM ever bring procurement legislation to Parliament for debate, he added. “All they did was galay and galay and galay,” the minister said, slipping into the colloquial. 

Praising the Government, he said: “You could call it a box drain government if you want, but people in rural areas you put in the bamboo see the benefit of box drains.” Tewarie said the Government also did more projects in the urban PNM stronghold of East Port-of-Spain in three years than the PNM did in 20 years. “And if you only stretch me, I have the list and I will read it out,” he said, to laughter from his colleagues.

Charging the PNM was self righteous and came to Parliament playing holier than thou, Tewarie attempted to disclose details of the Broadgate project scandal under the PNM regime. However, he was quickly opposed by the Opposition on the grounds the matter was subjudice. Senate President Timothy Hamel-Smith agreed and Tewarie was silenced.

He vowed the Government was going to be in power for the next five years “and not because I say so but because the people are watching and listening and talking and also looking at what you (the PNM) are and making judgments. “The country has been brought to a good place in four-and-half years,” he said.

more info
Civil Society Group responds

Chairman of the Private Sector, Civil Society Group on Public Procurement, Winston Riley welcomed the passage of the bill, which he said had been a long time in coming. He added:  “First we have to give credit to Minister Tewarie and the Independent Senators who were the driving force in getting this legislation passed. “The legislation is far more rigorous than anything that went before and we are generally happy with it in its present form.”

He said the most important issue now was the operation of the legislation and he called on the President to provide his assent to it, which he said would be a Christmas gift to the population. 

Christmas greeting in House
Parliament was adjourned to a date to be fixed until after the Christmas holidays. Government Senator Marlene Coudray, giving Christmas greetings called on the nation to reflect on Christ, “the reason for the season.” “We spend so much time shopping and making preparations and have no time to reflect on what the celebrations are about. The celebrations are about the Christ child,” she said.

Camille Robinson-Regis, on behalf of the PNM, said Christmas was one of the religious festivals in T&T celebrated by all groups. “Where I live, the neighbour opposite me is a Hindu and has more lights than me. “Everybody shares in the spirit. I think it because of what it means,” she said, quoting Isaiah 9:6.

Government’s cost-cutting measures should include removing the Prime Minister’s picture from various items, including billboards, mugs, pictures, cards and vouchers. PNM Senator Faris Al-Rawi said so yesterday. He did so during Senate debate on Government’s Procurement Bill, slamming the PM on various issues.

Al-Rawi said there were billboards all over T&T with pictures of the Prime Minister and there were government giveaways daily, including mugs and other items, with a picture of the PM on them also. “I would suggest in the austerity cuts, we can do without pictures of the Prime Minister on pictures and everything else,” he added.

Al-Rawi also said he was “advised” (without giving the source) that it cost Government $33 million to bring forward the completion date for the Golconda section of the Point Fortin Highway in time for Divali as the PM had wanted. He asked if chairman of the National Infrastructure Development Company of T&T (Nidco) Dr Carson Charles or the Prime Minister would be called to account for the alleged $33 million cost.

He also said the “Prime Minister had the gall to claim paternity—“maternity or authorship”—of the Parliament’s new Standing Orders. He said former House Speaker Barry Sinanan and PNM’s Camille Robinson-Regis had drafted that and “so Madame Prime Minister, have the intellectual honesty to admit where this comes from.” He said the PNM had concerns on the bill, including its funding, operationalisation and lack of regulations to accompany it. 

He said the PNM also wanted disposal of property to be clarified and factored into the bill and wanted the proposed procurement regulator to be independent and insulated from Government. Al-Rawi discounted arguments by Planning Minister Dr Bhoe Tewarie on PNM’s non-co-operation on the bill. He said the PNM had always felt it was law in the right direction and PNM leader Keith Rowley had instructed his senators to vote for the bill.

Tewarie, piloting the bill, had said it was the same one passed in the Lower House recently and which had also been passed by all senators earlier in the year. However, that bill had lapsed with the end of the last parliamentary session. He noted Opposition PNM members had also voted for the bill in the Senate. Tewarie said he did not understand why the Opposition did not want to vote for it in the Lower House but he understood where they were coming from. 

He said given how well the Senate usually had a consensus, he would be intrigued to see how the PNM Senators moved in the Upper House on the bill this time.

Former Snr Supt Cyril Harry believes widening the candidate pool for the selection of a police commissioner can brew trouble in the Police Service if an officer of a lesser rank is promoted ahead of a senior. While agreeing the proposed criteria can help to choose a suitable top cop, he said he did not know if a superintendent or senior superintendent promoted to commissioner would get the support of officers who once delegated over him or her.

He added: “I think it is a fair point that was brought up to widen the pool to include superintendents instead of just focusing on a few. “I have no problem with that but the only concern I have, knowing the culture existing in the TTPS, if there is a suitable candidate at the rank of superintendent or senior superintendent, would they get the support from other members of the service?

“An ACP (assistant commissioner of police) or DCP (deputy commissioner of police) may look at a senior superintendent or superintendent being selected before him or her and that can create some problems. “This happened with former commissioner Dwayne Gibbs. Because he was a foreigner he lacked the support of members of the organisation and this created a problem for him.”

Calls were made to the first division officers representative in the Police Social Welfare Association, former Snr Supt David Lewis, but there was no answer. If Government succeeds in amending the Police Service Commission Act, scores of first division officers would be eligible for the top position. However, many of them, retired and present, declined to speak on the issue.

Officers tight-lipped
ACP Deodath Dulalchan: “I don’t want to be quoted and I don’t want to get myself involved in that kind of thing.”

Snr Supt Cecil Santana: “I don’t want to comment on that.”

Former CoP Trevor Paul: “I really have no view on that. To be quite honest, I have not really studied the whole thing so I don’t really wish to comment. I’ll prefer to let the people do their thing and let me enjoy my retirement.”

Former acting CoP James Philbert: “I really have not paid much attention on it so I don’t want to comment at that time.”

Former DCP Mervyn Richardson: “I won’t like to comment on that right now.”

Former acting DCP Gilbert Reyes: “No comment on that.”

Thanks but no thanks. So said National Security Minister Gary Griffith on an offer from former 1990 coup commissioner Hafizool Ali Mohammed who wants to join the fight against crime. In a press release yesterday Griffith made it clear he intended to hire the best in the field and not someone who knows the culture when it came to crime fighting.

Mohammed reportedly offered his services to Griffith, via e-mail, when he heard of his proposal to bring former New York Mayor Rudy Giuliani and former New York Commissioner William J Bratton to T&T. In his statement, Griffith said it was quite interesting that Mohammed said he would not charge as much as Giuliani or Bratton.

“Both individuals have a track record in dramatically reducing crime in all aspects in New York city and several parts of the world. Dr Mohammed does not have such a track record in any such form or fashion. “Mr Giuliani and Mr Bratton have companies with previous chiefs of police, prisons and fire departments, with qualifications and credentials in all aspects of security. Dr Mohammed does not possess such,” Griffith said.  

He said Mohammed's rationale of him having “multi-culture” being the reason to consider him to deal with law enforcement, showed incorrect views and his (Mohammed’s) inability to understand that to deal with national security, especially law enforcement, no longer just required having “common sense and a level head.”

“Culture has very little to do with dealing with law enforcement. By Dr Mohammed not being versed or tactically trained in law enforcement and security management, he has the unfortunate misconception that crime can be cultural,” Griffith added. 

A UWI economist says the Chief Personnel Officer’s decision to offer a 13 per cent salary increase to the Public Services Association (PSA) is “generous” as outstanding wage negotiations continue for the period 2011 to 2014. 

In a telephone interview yesterday, senior lecturer and head of the Trade and Economic Development Unit of the St Augustine Campus of the  University of the West Indies, Roger Hosein, described Government’s latest offer as “reasonable,” in light of the global economy and local market factors.

The offer, made on December 10, outlined the revised terms of employment and conditions of service for civil servants and those employed at various statutory authorities. The CPO, Stephanie Lewis, has proposed a breakdown of two, four and seven per cent, along with a Cost of Living Allowance (COLA) of $160, $175 and $225 for the years 2011, 2012 and 2013 respectively.

At a press conference on Monday, PSA president Watson Duke said although they were thankful for the offer, they hoped the additional seven per cent they were seeking could be found as negotiations continued. Officials have declined to say how much money was needed to pay public servants and how that would affect Government’s expenditure.

According to the 2015 budget document Draft Estimates of Expenditure, the Government allocated $8.72 billion for personnel expenditure in the period October 1, 2014 to September 30, 2015. That is a reduction in the $9.11 billion that was the provisional estimate of the amount of money that the Government spent on wages and salaries during the 2014 financial year, according to the Review of the Economy 2014. 

Finance Minister Larry Howai has called on government ministries to reduce their expenditure by $1.3 billion as falling oil prices are expected to hit the amount of revenue the country collected in the current financial year. The initial projected deficit for 2015 was 2.3 per cent or $4.3 billion. Howai made the statement in Parliament last month as he addressed the impact of falling oil prices on Government’s fiscal operations.

He shared the negative report, including Government’s expectation that oil prices would decrease to around US$60 a barrel before levelling off at US$65 a barrel. The West Texas Intermediate closed yesterday at US$56.02 a barrel Referring to the CPO’s offer, Hosein questioned if employee productivity had increased more or less than 13 per cent. He explained that if the output of a worker was not greater than 13 per cent, it would mean that the cost a unit would have increased. 

However, if it proved to be more than 13 per cent, that would mean Government benefitted and that although it would be paying higher salaries, it meant that output had also increased, he added. Hosein warned that there was the possibility that Baumol Cost Disease problem could occur.

The Baumol problem is a phenomenon which began in the 1960s and involves an increase in salaries in jobs that have experienced no increase in labour productivity, in response to rising salaries in other jobs which did experience such labour productivity growth.

Hosein said: “The services sector tends to be associated with lower productivity increases than the booming sector, that when wage demands in the services sector try to match that of wage demands in the booming sector, it could lead to a long- term drag on the growth of the economy.”

He warned that “given that the economy is already at full employment, wage increases in one sector may potentially lead to an increase in the price level of the economy as the purchasing power of workers in the services sector may also increase.

“Thirteen per cent at this juncture in the economic cycle is reasonable and some may even say generous as the medium-term growth prospects of the economy seem unlikely to cross two per cent, given the trends in the key hydro-carbon output and price indicators.” 

Government has no intention to dip into the Heritage and Stabilisation Fund (HSF) at this stage and might only look to this as a last resort if it has to address a particular situation, Finance Minister Larry Howai has assured. He was speaking to reporters at Parliament yesterday after hints by the Prime Minister that withdrawals from the HSF might be necessary if the declining oil price situation does not improve soon.

She also said the Government might have to revise the 2015 budget. OWTU head Ancel Roget, however, has urged Government not to use the HSF “rainy day” fund which is currently US$5.5 billion Asked about it by the T&T Guardian yesterday Howai, back from overseas, however, said at this stage Government didn’t need to dip into the HSF.

He added: “I still have to pull the date together and we will continue to monitor the situation to see where the numbers end up. Some of this element of decline may be temporary and some more long-term. As things start to stabilise we will understand where we will end up. “However, we normally make adjustments first and the HSF would be a last resort. It is for only if you get to a particular situation that you have to address and we are not anywhere near that at this stage.”

He also said Government had to consider that while it wanted to be careful about its debt load, it had to be careful about how it deferred projects which could become more costly when they were done later on down the line. He said, for example, the Curepe Interchange would have cost much less if it was built in 1981.

Howai made that comment in the context of replying to questions about the Auditor General’s special audit which painted a damning picture of the special purposes state enterprise, Sportt Company, which had been set up in 2004 under the PNM to facilitate the implementation of sport policy and which remains in operation under the current Government. 

The Auditor General found a total of $411 million was spent from 2009 to 2013 on sporting facilities meant to provide “sport for all” but that purported goal has not been achieved. Howai said he was in the process of looking at the operations more closely since the report had only been laid in Parliament last Wednesday. 

He said the issues mentioned had never come to his ministry and he was not aware of all the details. He said he was now trying to get some of those details and defining how to deal with it. He added that most of the people had been changed since that time
He said he would meet with Sport officials to discuss the issues and it would take time. 

He said Government was not at the stage of thinking of closing the Sportt Company since he needed to see the responses from all the divisions involved and get clarification and “then see how we proceed from there.” Howai said some special purpose state agencies worked well by and large and some did have issues that arose from time-to-time.

A former Industrial Court member has won his decade-old legal battle with the State over Cabinet’s failure to reappoint him amid allegations of his incompetence. In a 17-page judgment delivered by the Court of Appeal on Monday, three appellate judges ruled that Cabinet acted unfairly when it failed to properly investigate the claims against Sam Maharaj before it made its decision in 2003.

Maharaj’s victory was bittersweet as Appeal Court judges Peter Jamadar, Alice Yorke-Soo Hon and Gregory Smith said they could not compel Cabinet to reconsider its decision as a considerable time had passed from when Maharaj’s initial three-year tenure at the court ended. “Even if the Cabinet were to reconsider this matter we cannot predict the outcome of such a reconsideration, so that an award of damages is too speculative and inappropriate in this case,” Jamadar, who wrote the judgment said. 

Instead, the court said its declaration against Cabinet was a sufficient remedy. According to evidence presented in the case, when Maharaj’s term ended in 2003, the then Industrial Court president Addison Khan wrote to Cabinet recommending him for a second five-year term. 

Despite the recommendation, Cabinet decided against it after receiving advice from former labour minister and current Industrial Court member Larry Achong, who claimed that Maharaj could “neither write, read nor speak properly.” As he refered to a series of written judgments from Maharaj during his stint at the court as well as his educational certificates, Jamadar said: “The preponderance of evidence is suggestive of the fact that Achong was clearly mistaken in what he had represented to Cabinet.”

Jamadar also questioned why Achong’s colleagues did not question his opinion and solicit a response from Maharaj. “The Cabinet faced with Achong’s startling accusations, ought to have been compelled to ask: ‘Is this really so?,’ and then to have taken steps to verify it. Fairness to the appellant, demanded no less,” Jamadar said.

While the court found Maharaj had been treated unfairly, it dismissed his claims that he had a legitimate expectation that he would have been automatically reappointed on Khan’s recommendation as it said there was no set policy on the issue. Maharaj was represented by Senior Counsel Ramesh Lawrence Maharaj, while Russell Martineau, SC, and Gerald Ramdeen appeared for the State. 

The contract to install internal furniture and fixtures at the new Customs and Excise Division head office at the Government Campus Plaza, Richmond Street, Port-of-Spain, has been completed to the tune of $77 million. Customs officers, along with executive and administrative staff and other personnel are expected to fully relocate operations by end next month. The building can accommodate 500 employees.

Although the move will be done on a departmental basis, Minister of Housing and Urban Development, Dr Roodal Moonilal is confident the new facility will prove a beneficial for both employees and members of the public. Speaking during a tour of the building on Monday, Moonilal praised the contractor Exeqtech, for its efforts to complete the project within a seven-month period. The contract was awarded last April.

Speaking to reporters following the tour, Moonilal said Government had overcome the numerous challenges it encountered upon entering office in 2010, which included the outstanding payments to contractors and the CL Financial meltdown. “We had several challenges as a government but once we got over that we were able to complete the building. The selection and tendering processes have been flawless and transparency is above board. Nobody can question those issues as in the past. 

“We expect no push back regarding the other buildings.” The other government offices to be relocated to the Government Campus Plaza include the Board of Inland Revenue head office, the Office of the Attorney General and the Immigration Division. Customs head office is currently located at the corner of Abercromby Street and Independence Square at a rented building.

about the new customs office
The building has 1.3 million square feet of office space—features ten floors which have executive offices, a library, a cafeteria, conference rooms, break rooms, several storage areas, meeting rooms and work stations, as well as 360 security cameras installed throughout the building. There are also 1,700 parking spaces at the nearby Parkade for officers and other employees, while 60 parking spaces have been designated for department heads in the building's basement.

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Udecott chairman Jearlean John, Minister in the Ministry of Finance Rudranath Indarsingh and Ag Comptroller of Customs Ammar Samaroo accompanied Moonilal on the tour. Moonilal also paid a brief visit to the new office of the Integrity Commission, Level 14, Tower D, which can accommodate 60 staff members. John said the installation of furniture and fixtures to that office cost $3.4 million and was done by local contractor Agostini.

It was completed within four months. The Integrity Commission currently occupies rented offices at the Unit Trust Building, Port-of-Spain.

Scores of young men from Laventille were detained after a soldier was shot while on patrol in the area.

Police said Private Ryan Gittens was shot in the right forearm and was taken for treatment at the Port-of-Spain General Hospital. His condition is stable.

Residents said police officers and soldiers stormed Desperlie Crescent, Batson Place, Tilbury Place and Lovell Place this morning, breaking down doors and taking away suspects.

The residents said the officers destroyed their Christmas decorations and other items in the raid.

National Security Minister Gary Griffith says he will not condone any violence against any members of National Security.

Griffith said in an interview that “no one is concerned” when soldiers or police officers were shot or killed.