Archive for category Politics and Public Affairs

CL Financial Bailout – Studied Disdain

Sen the Hon. Larry Howai, Minister of Finance and the Economy

SIDEBAR: How much Public Money has been spent on this CL Financial bailout?

These are the official statements as to the actual cost of the bailout since 2012. It really resembles the ‘carefully cultivated confusion‘ which I deplored recently in relation to the Invader’s Bay fiasco.

  • 3 April 2012Affidavit of then Finance Minister, Winston Dookeran, which specifies the Public Money committed to this colossal bailout as –
    Para 21 (a) $5.0Bn already provided to CLICO;
             (b) $7.0Bn paid to holders of the EFPA and
    Para 22 $12.0Bn estimated as further funding to 
    be advanced.

    Dookeran is saying in April 2012 that $12 Billion had been paid and an estimated $12 Billion remained to be paid, which is a total of $24Bn in public money to be spent to satisfy the creditors of the CLF group.

  • 1 October 2012 – Senator Larry Howai, delivering his first Budget Statement, stated the cost of the CL Financial bailout at page six –
    …The cost to the national community has been substantial—an amount of $19.7 billion or 13.0 per cent of our current GDP; yet this expenditure was necessary and decisive for containing an economic and financial crisis…
    Howai is telling the Senate in October 2012, a mere six months after Dookeran’s Affidavit, that $19.7 Billion has been spent. If we follow this official account, which fixed the total spent in April 2012 at $12 Billion, an additional $7.7 Billion of Public Money was spent in six months. I continue to contest whether this bailout was at all necessary, but it was certainly an incredible rate of expenditure, that cannot be contested.
  • 4 May 2013 – In this newspaper, under the headline ‘$25b and counting – Cost to taxpayers of CLICO bailout and enquiry‘ –
    …However, Government’s intervention into the CLICO fiasco has cost taxpayers more than $25 billion
  • 17 May 2013 – UNCTT’s website contains a formal Press Release from the office of the then Attorney General, Anand Ramlogan SC –
    …It should be noted that efforts to stabilize and resuscitate CLICO have thus far cost taxpayers over $25 billion dollars…
  • 2 April 2014 – At the Senate sitting , Minister Howai stated at page 35 of Hansard
    …Mr. President, as you would perhaps be aware, the cost to the country of the CL Financial bailout—the actual cash that has been put out—is approximately $20.8 billion. This was done in an effort to preserve the stability of the economy of Trinidad and Tobago…
  • 7 August 2015 – I was therefore astonished to hear the Minister of Finance, Larry Howai, stating on CNMG TV, that the cost of this bailout is ‘not quite $20 Billion‘.

The first item, Dookeran’s April 2012 affidavit, is the one for which Howai is now being required by the Court to produce the details.

Some of my views on this, from last week

“…Well, this is the usual practice, in which the public right to know is subordinated to private, undisclosed interests…it seems to me at these moments that the job of the State’s attorneys is to shroud the entire indecent affair in ‘something resembling an important principle’, but ultimately the effort is intended to wear me down and let the issue fade from collective memory…I am continuing to fight this very hard…what we have here is the ultimate collapse of our Republic by Public Officials who are sworn to uphold the Public Interest without fear or favour, but end up exposed as serving the toxic interests of the financial robber barons…I am reminded of Simon Johnson’s ‘The Quiet Coup‘ published in The Atlantic of May 2009…in T&T, we too, had a quiet coup…”

As the Season of Reflection and the impending election flow together, there is a bitter brew now being offered in relation to the CL Financial bailout.

Disdain is an attitude which denotes someone or something as being unworthy of proper consideration. I think that in relation to our collective interests in the CL Financial matter, we are now being subjected to Larry Howai’s ‘studied disdain’ in relation to our collective interests in the CL Financial matter.

On Tuesday 10 August 2015, the State announced its decision to appeal the recent High Court ruling that the details of the CL Financial bailout must be published. That appeal was also filed that day and the State applied to have the stay of execution extended to the end of the appeal process – the latter issue will be heard on 19 October 2015.

The Minister of Finance & the Economy is the main public official with responsibility to account for how Public Money is spent. The Public Money being used to bailout the CL Financial creditors is our money. The Minister of Finance therefore has a fundamental duty to publicly account for how our money has been spent.

Our collective interests in this matter, of exactly how $25 Billion of our dollars were spent, far outweigh the undisclosed interests on whose behalf the Minister is now appealing.

This appeal is against every one of the orders made in the High Court judgment of 22 July 2015 and therefore represents an utter abdication of the fundamental duties of the Minister of Finance and the Economy.

Our collective interests could benefit from the unintended juxtaposition of national elections, the apparent halt of USD sales by the country’s leading bank and the hostility of the Minister of Finance to the truth. These are rare moments in which we might gain insight and regain fundamental rights, but we have to be aware of what is at stake.

The Ministry’s Press Release deserves stern scrutiny, so these are my points. Read the rest of this entry »

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VIDEO: Good Morning T&T – 7 August 2015

Afra Raymond sits with host, Larry Lumsden on the Good Morning T&T television show to discuss his recent High Court victory over the Minister of Finance to get accounting details on the CL Financial bailout. Video courtesy CNMG

  • Programme Air Date: Friday 7 August 2015
  • Programme Length: 0:17:13

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Facing the Facts

Two important laws were partially-proclaimed by the President at the end of July –

  1. The Public Procurement and Disposal of Public Property Act, which is intended to control transactions in Public Money, and the
  2. Planning & Facilitation of Development Act, which is intended to provide for effective control of physical development.

Both those laws would be critical in controlling the worst excesses in terms of waste and theft of Public Money as well as the scourge of unplanned development. There is still substantial work to be done to properly implement those new laws, neither of which will actually come into effect before elections on 7 September, so our stern attention will therefore be essential.

The campaigning and committee-work to achieve those new laws has been demanding, so it Is important to re-state our fundamental concern as to the sheer hostility of high-level public officials to the truth. This is a fundamental point since the new laws create modern, transparent and participative processes. If the key public officials maintain their hostility to the truth, we would be entering a period of serious struggles to implement these new laws.

These examples speak to the official hostility to the truth with which we are beset.
Read the rest of this entry »

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Facing the Facts on Invader’s Bay: INVADER’s BAY Corrective

JCC President Afra Raymond issues a corrective to the lead story in the Sunday Guardian of 9th August 2015. This ‘Letter to the Editor‘ was published in the T&T Guardian on Tuesday 11th August 2015.

The Editor,

guardian-story-invaders-bayThe cover story in Sunday’s Guardian on the Invader’s Bay development requires a response to dispel some of the carefully cultivated confusion around this important set of proposals.

The Public Property known as ‘Invader’s Bay’ comprises 70 acres of reclaimed land at the waterfront in west POS and it is proposed to be the largest development in our capital city in living memory. It is unacceptable that this large-scale development could be proceeding without any public consultation and in the seriously improper manner against which the JCC has protested. It is sobering that the very Ministry of Planning & Sustainable Development (MPSD) has been leading this process for the last four years without seeking to engage in public consultation.

The Request for Proposals (RFP) process used in August 2011 by MPSD was improper and voidable, since, according to Minister Tewarie himself, the Assessment rules were published one month after the closing date. Any reputable organisation running a competition or tender would accept that the rules must be given to all the competitors at the same time and well in advance of the competition itself. That basic and inescapable breach has been pointed-out to MPSD several times by the JCC, but we are yet to see any response on that point.

After JCC specified its concerns that the RFP was in breach of the Central Tenders Board Act, the Minister repeatedly stated that the legal advice was that MPSD was in conformity with the law. Despite our several requests, that advice was never published, so the JCC sued under the Freedom of Information Act. The High Court ruled that the requested information be published and MPSD appealed. One can only wonder at this reluctance by politicians to publish legal advice which supposedly supports their actions. This type of official reticence is a first, so on this count at least, the Invader’s Bay project has a significant element of innovation.

The JCC has enquired as to the cost of the High Court case and the subsequent appeal, but that too has remained undisclosed, for whatever reason.

According to Ms Jearlean John of UDECOTT, a tender has been awarded for design of infrastructure on this 70-acre site, but we also know from MPSD that no planning applications have been made for these developments. That raises the serious question as to how an infrastructure layout can be designed in the absence of either public consultation or relevant approvals.

The carefully cultivated confusion can be seen in three glaring examples – firstly, the question of official responsibility – with Minister Tewarie referring detailed queries to UDECOTT, whose chairman refers those queries back to that Minister. Secondly, according to MPSD, the 10.2 acre parcel allocated to Derek Chin was valued at $204.5M, yet Chin is reported as saying that “…the price is $130M…”. Finally, the entire property is 70 acres and 23.2 acres have been allocated, so it seems that 46.8 acres are to be left undeveloped at this stage. So, how can UDECOTT be responsible for only 51 acres, with Minister Tewarie saying that “…there are about 40 acres of land at Invader’s Bay still open for development…”?

These are a few of the real concerns with this proposed Invaders’ Bay development.

Afra Raymond
JCCPresident

http://www.jcc.org.tt

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AUDIO: The Breakfast Round Table interview on Sky 99.5FM – 10 Aug 2015

sky995fmAfra Raymond is interviewed on the ‘The Breakfast Round Table‘ show on Sky 99.5 FM by Eddisson Carr, Jessie May Ventour, Dr Wayne Haywood about the current flare-up by developer Derek Chin regarding his continuation in the controversial and contested Invaders’ Bay project. 10 August 2015. Audio courtesy Sky 99.5 FM

  • Programme Date: Monday, 10 August 2015
  • Programme Length: 32:42

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CL Financial Bailout – The Hidden Truth

We are now in what I call the Season of Reflection, which for me covers the period from Emancipation Day on 1 August to Independence Day on 31 August, right up to Republic Day on 24 September. Those celebrations appear in proper historical sequence in our calendar and every year I find this two-month ‘season’ to be a sobering period for deep reflection. This year, with this CL Financial judgment and the impending election seeming to converge, the reflections are piercing ones.

Sad to say, this CL Financial bailout is resembling a situation in which well-connected persons are getting what they can, anyway they can, but making sure not to get caught. Who were the beneficiaries of this lavish payout? What is this reluctance to release details?

That is the Code of Silence in effect.

Sen. Larry Howai, Min of Finance

Sen. Larry Howai, Min of Finance

I was not at all surprised at the reported statements of the Minister of Finance, Larry Howai, on the 22 July 2015 High Court judgment ordering him to provide the detailed information I had requested on the CL Financial bailout. The High Court granted a 28-day stay of execution and the Ministry is reportedly in consultation with its lawyers, claiming that “A decision will be made within the period of time allowed by the court,”. The article closed with this quote –

“…Finance Minister Larry Howai said in the statement it should be noted, none of the requests refer to “how over $25b was spent in the Clico bailout”…”

Given that the very request was for the detailed financial information which has been deliberately suppressed since 2009, it is of course impossible to say with any certainty just how much Public Money was actually spent on this CL Financial bailout. That is the inescapable fact at the centre of this scandal. The Minister’s tautology is really a powerful explanation of this point.
Read the rest of this entry »

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CL Financial Bailout – The Real Case

Sen. Larry Howai, Min of Finance

Sen. Larry Howai, Min of Finance & the Economy

In 2013 I sued the Minister of Finance & the Economy for his continuing failure or refusal to provide the details relating to the huge $25 Billion bailout of the failed CL Financial group.

On Wednesday 22 July 2015, the High court ruled in my favour by ordering the release of all the requested information.

The basic principle behind the Freedom of Information Act is that the information held by Public Authorities belongs to the public, unless one of the valid exemptions is applicable.

The Court also granted the State a 28-day stay of execution which seems intended to allow them the time to decide whether to appeal before they have to provide the requested information. Given the ongoing Information War and the high stakes to maintain the ‘Code of Silence’ in relation to this bailout, I would not be at all surprised if the State were to appeal against this ruling.

The unexplained gap

On 1 October 2010, the Prime Minister addressed Parliament to explain that $7.3 Billion had been spent on the bailout and that a further estimated $7.0 Billion was required to settle all debts. That is a 2010 estimate of $14.3 Billion to settle the CL Financial bailout, but the current estimated cost of the bailout is in excess of $25 Billion. That means that over $10.5 Billion more than the 2010 estimate has been spent, so where did all that extra money go? That information and the defined official policy of secrecy are at the heart of this scandal. Read the rest of this entry »

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