Posts Tagged transparency
Afra Raymond is interviewed on the ‘The Breakfast Round Table‘ show on Sky 99.5 FM by Eddisson Carr and Jessie May Ventour in light of the fact that he spoke at “Corruption Perceptions Index 2015: Facts and Findings”, the seminar hosted by the Trinidad and Tobago Transparency Institute, in collaboration with the Trinidad and Tobago Chamber of Industry. He shares highlights of the discussion he led in that seminar. 28 January 2016. Audio courtesy Sky 99.5 FM
- Programme Date: Thursday, 28 January 2016
- Programme Length: 37:49
The Whistleblower Protection Bill 2015 was submitted to Parliament on Friday 13th November 2015. Those proposals will create legal protections for persons making reports of wrongdoing in both public and private bodies. A Joint Select Committee has been established to examine these proposals and report back to the Parliament no later than 22nd January 2016, so this is the time to consider these and make formal comments.
According to the Association of Certified Fraud Examiners 2014 Global Fraud Study, whistleblowing is the best method of detecting fraud –
“…Tips are consistently and by far the most common detection method. Over 40% of all cases were detected by a tip — more than twice the rate of any other detection method. Employees accounted for nearly half of all tips that led to the discovery of fraud…” (pg 4)
Given the levels of improper and illegal conduct with which our society is beset, these proposals are long overdue and I welcome them. That said, it is important to examine the detailed provisions and exemptions, together with the introductory statement made by Attorney General, Faris Al Rawi. Read the rest of this entry »
Afra Raymond is interviewed on the ‘Showdown‘ show on i95.5FM by Jennifer Baptiste-Primus and Ralph Maraj on the former PP government’s ‘Land for the Landless’ policy and bill. 7 June 2015. Audio courtesy i95.5FM
- Programme Date: Sunday, 7 June 2015
- Programme Length: 1:13:27
In this provocative talk, Afra Raymond takes a deeper look at race and racism. He successfully uses the talk to place a new perspective on how we think about race and its role in corruption. TEDxPortofSpain. 14 October 2015.
On 10 August 2015, the then Minister of Finance and the Economy appealed the High Court’s 22 July 2015 judgment which ordered the release of the details on the CL Financial bailout. My protest at this action was published in this space as ‘Studied Disdain‘. Since then, the General Election of 7 September 2015 brought about a change of government – the People’s Partnership is now the official Opposition and the People’s National Movement is once again the government.
It is essential to now determine the areas in which we can expect changes in policy and the areas in which we can expect business as usual. Those perspectives informed my letter of 15 September 2015 to the new Minister of Finance & the Economy, Colm Imbert.
Imbert asked for more time to consider my request, so I consented to his application to the Appeal Court – the next hearing in this matter is therefore set for 25th January 2016.
My exchanges thus far with Imbert have been straightforward ones, but it is always important for us to be vigilant and aware.
By email & hand
Mr Colm Imbert MP,
Minister of Finance & the Economy,
Ministry of Finance & the Economy,
Eric Williams Financial Complex,
Brian Lara Promenade,
The High Court ruled in my favour on 22 July 2015 and ordered the publication of the requested details, but on 10th August 2015 the Ministry of Finance appealed that ruling (P201 – 2015). Our next hearing is set for Monday 19th October 2015, to argue the State’s application for extension of the stay of execution. It is my intention to strongly oppose that application for any extension of the stay of execution.I am formally requesting that you take the necessary actions to restore the Public Interest in the Accountability, Transparency and Good Governance in relation to this vast, opaque expenditure of Public Money.In specific terms, I am requesting three actions from you –
- Formal withdrawal of the State’s appeal in this matter;
- Urgent publication of the details of the CL Financial bailout to include the audited accounts for CL Financial 2008-2014 or any interim, preliminary, draft or unaudited statements of CL Financial Limited; the full details of the official briefing to Independent Senators in September 2011 preparatory to the debate on The Central Bank (Amendment) Bill and The Purchase of Rights and Validation Bill 2011 (to include copies of all slides. Power-Point slides, tables, charts, schedules, text or other information which comprised that presentation) and details of the funds paid in the bailout to include – a full list of creditors as at the commencement date of the bailout and at the date of my FoIA request (8th May 2012); the names of the EFPA holders; the dates of the repayments of the EFPA holders, together with details of the amounts received; the identities of all those who have received public money in the conduct of this exercise, together with details of the amounts received. These details are no doubt electronically stored, so I would request that the answers be provided in a searchable database;
- Refund of my reasonable legal fees in this matter – The High Court awarded 70% of my costs.
In anticipation of objections to disclosing these details on the grounds of the right of private investors to confidentiality, my response would be to point out that all other recipients of Public Funds are liable to having detailed information disclosed, upon request and without notice. A request for information on the details of a Public contract would include the identities of the parties; the contract itself; the dates and amounts of payments. Such requests are routinely handled without resort to attorneys or even the Courts, even if administrative delay is also a reality. That is the common and accepted practice in relation to all Public contracts and payments, which is fortified by the provisions of the Freedom of Information Act, under which my litigation was successful. There is no case made for any special status of financial investors to enjoy rights of confidentiality which are not available to other recipients of Public Funds.
The only way for the required level of transparency and accountability to be achieved is by the responsible officials publishing all the details of all the payments of Public Money.
The equation for the reality check is –
Expenditure of Public Money Minus Transparency Minus Accountability Equals CORRUPTION
I can appreciate that the impending 2016 budget would likely demand your attention for the next three weeks. I would like to know the State’s position in this matter before the next Appeal Court hearing on Monday 19th October 2015, so I would appreciate your reply by Friday 9th October 2015.
This request was made in the Public Interest, so I trust that it will receive your positive attention.
c.c. – Dr. Keith Rowley MP, Prime Minister,
Mr. Faris Al Rawi MP, Attorney General
How much has the CL Financial bailout cost?’
with live hyperlinks
30th January 2009
Bailout announced at an estimated cost of $5.0 Billion
12th June 2009
CL Financial Shareholders’ Agreement signed, which for the first time made it a priority to protect shareholders’ rights.
– see Para ‘A’ of the Preamble at page two.
8th September 2010
Winston Dookeran’s first Budget Statement, in which he formally proposes to drastically reduce the rate of payout of Public Money in the bailout.
pages eight through ten.
1st October 2010
Then PM confirms that $7.3 Bn had been spent and that a further $7.0 Bn needed to be spent (pg 31). The burning need for an explanation of where the $7.3 Bn went…(pgs 25-26)
pages 19 through 34.
3rd April 2012
Then Finance Minister Winston Dookeran confirms that $12 Bn had been spent.
1st October 2012
New Finance Minister Larry Howai confirms that $19.7 Bn had been spent, which is an additional $7.7 Bn in six months.
17th May 2013
Formal confirmation of bailout cost “…over $25 Bn…”
2nd April 2014
Then Finance Minister Howai confirms bailout cost as – “… the cost to the country of the CL Financial bailout—the actual cash that has been put out—is approximately$20.8 billion...”
7th August 2015
Then Finance Minister Howai confirms bailout cost as ‘not quite $20 Bn‘.
The PNM’s successful election campaign placed strong emphasis on the critical need to restore proper standards of Accountability, Transparency and Good Governance. That was a commendable and necessary stance in the face of widespread public disgust at the falling standards of morality in public affairs as experienced with successive political administrations.
The new PNM government was installed about a fortnight ago and we expect the 2016 budget to be delivered in about another fortnight, so this is a good time to set out our position. This column will be a simple list, with notes of what are the main priorities to be pursued with the new government in relation to our industry –
Public Procurement & Disposal of Public Property Act 2015
This law was partially-proclaimed, but the government has proposed amendments, so we would be available for discussions if those are needed. The public interest requires that this new law be swiftly implemented so as to properly control transactions in Public Money. We have to bring the era of epic waste and theft of Public Money to a close.
Planning & Facilitation of Development Act 2014
This law is intended to control physical development in our country. It was partially-proclaimed at the end of July 2015, so there is some work to be done to have that important law implemented. Its companion law, the Urban & Regional Planning Profession Bill (2014), also needs to complete its passage through Parliament so that there would be proper regulation to control the professionals in that field.
Our country has never had a legally-enforceable building code to govern the standard of construction. That is a serious gap in terms of our physical development, given that we live in an earthquake-prone island, together with the risk of flooding due to occasional tropical storms and ineffective drainage systems. The PP administration established a multidisciplinary National Building Code Committee which the JCC participated in. That Committee completed its preliminary work about two years ago but was unable to secure the required money to prepare a draft building code and do the necessary consultations. This is an important item to be completed.
We are seeking updates to the laws controlling professional practice of Engineers and Architects (planners are mentioned above) as well as our long-term efforts to secure an effective Licencing system for Building Contractors.
This is the Report of the Commission of Enquiry into the Piarco Airport project which was completed at the end of August 2003. Of course that project and the allegations of grand corruption within it actually triggered the collapse of the UNC government in its previous incarnation. US-based persons who were involved in this international criminal gang which successfully targeted our Treasury have been arrested, tried, convicted and have completed their terms of imprisonment. Here in T&T we suffered the ‘Plot to Pervert Parliament’, which is what I call the entire S.34 fiasco, intended to engineer a loophole through which the Piarco Airport Accused could lawfully evade the Courts. That is bad enough, but despite the fact that the legal right to suppress the Bernard Report has expired, the previous administration refused to publish it. Apart from the Bernard Report, I would really like to know the exact time at which S.34 was taken to then President Max Richards and at what time it was signed on Friday 31st August 2012, the 50th Anniversary of our country’s Independence. That kind of detail will bring real clarity to this sordid chapter. We will soon see the position of the new government on this matter.
These comprise the witness statements and transcripts of the hearings which were available on the Enquiry’s website, together with TV footage of the hearings which was stored by GISL. The Enquiry website disappeared at the end of 2010 and our constant efforts to have that information re-published were all effectively ignored. That is fundamental primary information on how our society handles its large-scale affairs and it must be republished.
Beetham Water Recycling Project (BWRP)
This project is an unconventional Public Private Partnership to process wastewater for subsequent sale for industrial cooling. BWRP is stated to cost in excess of $1.0 Billion yet it has never been properly shown in any budget. BWRP represents just the kind of ‘off-balance-sheet’ project of which we need to be cautious, especially at this time of budget constraints with the consequent temptation of our public officials. Quite apart from our stated concerns on the tendering and evaluation process, the JCC has made the point that no business case has ever been made for this huge PPP. Does the BWRP improve WASA’s financial position? Does it improve or diminish the financial position of NGC? The ultimate destination of these 10 million daily gallons of water is Point Lisas industrial users – are they prepared, in terms of their own plant, to receive that supply? Have they agreed to pay the necessary charges? In terms of opportunity cost, what are the other uses to which those funds could have been put? If one includes finance, maintenance and other charges, what is the total cost of the BWRP? Given our country’s high level of annual rainfall and the degree to which our pipe-borne water is wasted via leaks, is this the most cost-effective way for WASA to have ‘harvested’ an additional 10M gallons (daily) of potable water? I am sure the answers to those questions will be of great public interest.
The Minister of Agriculture, Lands & Fisheries, Senator Clarence Rambharat, has already announced his intention to do an audit of State Lands. We support that initiative as an essential step in establishing the true position with our State Lands. It would be a very important strategic step if that audit were followed by a thorough review of National Land Policy, which dates from 1992, and the UWI’s 2003 study of the role of Caroni Lands in National Transformation. It would also be critical for that review process to be broad-based and consultative.
This huge, ambitious project to develop 70 acres of State-owned reclaimed waterside land in west POS was mired in serious controversy from the very beginning due to the improper RFP process adopted by the State. The JCC went to Court and won an order forcing the State to publish the fundamental legal advice supporting the RFP process. The State has appealed, but it is time for a new start at Invader’s Bay.
These are the main areas of concern which we would want properly addressed.
The 2016 budget statement was made on Monday 5 October 2015 by newly-appointed Minister of Finance & the Economy, Colm Imbert MP. Imbert is a professional engineer, so the fact that he lacked any formal certification in the financial field sparked much debate. The budget proposals have been made, so we are well past that point now.
These expenditure and revenue figures are from the Budget Statements, so no account has been taken of either actual outcomes or supplemental appropriations – this is the process used by the Government to obtain authorisation from the Parliament to exceed the approved spending limits in the national budget.