As the Government gives the green light for the $5.5 billion Invaders Bay development, the Joint Consultative Council is again renewing its call for an immediate halt on the project.
Accusing the Government of operating under a shroud of secrecy, JCC president Afra Raymond said the project was being done in breach of the Central Tenders Board regulations.
In a telephone interview, Raymond said it has been three years since the JCC, which represents the construction industry, took up the fight to stop the project, which involves the development of 70 acres of land south of Movie Towne, Port-of-Spain.
“The JCC said in December 2011 that the Request for Proposals (RFP) issued by the Ministry of Planning for the development of Invaders Bay was done in breach of the Central Tenders Board Act.
“The State has claimed to have legal advice on the publication of the RFP but despite several requests from JCC, the State has refused to publish that legal advice and that is what we are challenging in court.
“The JCC was successful in obtaining a landmark ruling on July 14, 2014, which the State has now appealed. That appeal is due for hearing on November 20,” Raymond said.
Last October, Planning Minister Dr Bhoe Tewarie received legal advice from the Attorney General’s Office authorising the Urban Development Corporation of T&T (Udecott) to lease land at Invaders Bay for the private project. The advice gave Udecott the authority to sublease the land to developers who had been chosen by the ministry after a sole selective tendering process.
Two local companies—Invaders Bay Marine Ltd and Da Chin Commercial Development Ltd—got the nod from Cabinet for their proposals in August.
But Raymond said despite this, the JCC will continue to challenge the Government’s decision to continue the project.
“We will continue to press for the publication of the legal advice which the State is relying upon in this development,” Raymond said. He added that there has been no explanation of the failure or refusal to host public consultations on this large-scale proposed development.
“This is a case of glaring double standards, when one considers that there have been recent public consultations on the southwest growth pole; the issue of city status for Chaguanas; the review of the Constitution; the redevelopment of King’s Wharf in San Fernando,” Raymond said.
He added, “When Udecott wrote to us on September 25, 2014, on this project, it was noteworthy that they again emphasised their compliance with the recommendations of the Uff Report. Given that the 17th of the Uff recommendations is for consultation before decisions are taken and Udecott is now proceeding with this development—whatever it is—one wonders when will Udecott be hosting the first public consultation on Invaders Bay.”
“More could be done to boost economic development’
Saying the JCC had no objection to private investment on this project, Raymond said more could be done in that area to boost economic development.
“The greater Port-of-Spain region needs to be considered together so that the society can make best use of this unique development opportunity. The redevelopment of east Port-of-Spain must be considered alongside the Invaders Bay matter,” Raymond said.
He added that the possible gains from the development of Invaders Bay must not be confined to a small number of people and must extend beyond basic employment.
“It is also critical to address the real environmental concerns which arise in a development of this size in this location,” Raymond added.
Told that the Government was using this project as part of its diversification thrust, Raymond said, “Given the repeated emphasis on diversifying our economy away from its habitual reliance on foreign exchange, the JCC believes one of the essential criteria for this development should be that any proposed projects should be net earners of foreign exchange.
“If that was adopted by the State as a tangible commitment to this new type of development, it would immediately exclude a raft of familiar development modes—shopping malls, foreign franchise restaurants, luxury residential and so on. That exclusion would, in turn, open the way for a series of new possibilities which are not at this time visible.
“If the State is unable or unwilling to use prime property like Invaders Bay as ‘springboards’ to promote new development models, when and how will the new models be planted? If not now, when?” Raymond asked.
The chairman of Da Chin Enterprises and Multicinemas Ltd MovieTowne’s parent company, Derek Chin, revealed that his plan is to build themed spaces reflective of the country, such as Indian Street, African Street, Chinese Street, Syrian-Lebanese Street, Fashion Street, etc, to showcase T&T’s cultural heritage and people’s love of shopping.
Justification for Invaders Bay
In its Request For Proposals document dated October 4, 2011, the ministry said the Invaders Bay project would change the manner in which ports operate and cargo is transported, as waterfront property is now more valuable for its residential, retail and recreational function than simply for port activity with heavy industry, docks and fenced-off warehouses.
The development of the Invaders Bay area will definitely benefit the country both during its construction and operational phases, whilst at the same time producing a significant effect on the civic psyche by giving renewed pride to our nation.
It is expected that the project will:
1. Generate both temporary jobs (albeit over several years) during the construction phase and permanent jobs during the operational phase
2. Add value to the service sector, and contribute to improving the living conditions of the area, and target local companies and subcontractors for the supply of certain components of goods and services
3. Generate foreign exchange earnings
4. Facilitate an expansion of the skills base and the extension of services to the country inclusive of a transfer of technology, especially in “green building technologies” and so develop local entrepreneurship and technical skills
5. Have a demonstrable effect on the other countries in the region, which might follow this example
6. Transform the capital city’s coast line and herald a new age in the development of waterfront urban centres in the region
7. Boost property values in the area
8. Assist the government in realising our vision of making T&T a world-class destination for business and tourism, providing opportunities for greater economic inclusion and facilitating an era of prosperity for all
9. Ensure synergies with the surrounding development and add vitality to adjacent sites, including those in Port-of-Spain city centre and east Port-of-Spain.
Govt not operating in secret —Tewarie
In an interview, Tewarie said it was not true that the Government was operating in a secretive manner.
“As far as I am aware, the JCC is in communication with my permanent secretary and she has written them to indicate that she will respond to their questions,” Tewarie said. “I really don’t see what the charges of secrecy are about.
“In addition, the matter is before the court, and I cannot and I need to honour the fact that it is before the court. At the same time they are engaging the courts, they are also engaging my PS and they wish to draw me into a public discourse in the newspaper.”
Tewarie said he was “really suspicious of their motivation.”
“I cannot see how they could be claiming the only issue that they are after is a public-interest issue. The facts of their involvement in this matter and the changes in issues over time make it clear that there is more in the mortar than in the pestle,” Tewarie said.
“I take this opportunity to point out that the legal opinion which they are seeking the right to have from the court is clearly already in their possession, because the legal opinions given to the Attorney General’s office have been publicly aired in at least one newspaper.
“I am at a loss to understand what could be their motivation. From my point of view, it could not simply be a public-interest matter,” Tewarie repeated.