UNC gets leave for judicial review

THE Opposition United National Congress (UNC) was yesterday granted leave to file for judicial review over the failure of the Government to pass, in Parliament, the regulations made by the Integrity Commission under the Integrity in Public Life Act.

Justice Allan Mendonca, presiding in the Port-of-Spain First Civil Court, granted leave after hearing submissions from attorneys representing the UNC, the Attorney General and the Integrity Commission. UNC MP for Fyzabad, Chandresh Sharma, filed the application during the recent court vacation in August, asking that the matter be deemed urgent because of the continued failure of the Government to pass the regulations to make the Act more effective in having persons in public life declare their assets. The matter was deemed fit on August 18 for urgent hearing as one of public importance. On October 17, Justice Mendona adjourned the case on the basis that the Government had laid the forms in Parliament and the matter was no longer as urgent as it was when the application was originally filed.

On October 31, instead of passing the regulations, the Government tabled a motion in Parliament to approve the regulations.  But the Government used its majority in Parliament and referred the matter to the Joint Select Committee, which is expected to report to Parliament on December 1. Through his attorney Anand Ramlogan, MP Sharma filed a summons seeking to bring the matter before the court on the basis that the Government has misused the window of opportunity created by the adjournment. The UNC MP claimed that the failure to pass the regulations would mean that Government officials would escape having to file their declarations with the Integrity Commission for the third consecutive year.

According to MP Sharma, if the regulations are not brought into force before November 30, then another year would have passed without public officials having to declare their income assets and liabilities as required by the Act. He said that by sending the regulations to the Joint Select Committee, the Government has further delayed the implementation of these regulations “in consequence of which another window of opportunity has been created that will allow public officials to avoid compliance with the Act.” He pointed out that no declarations were filed in 2000 and 2001. Sharma is contending that the continuing failure and/or refusal by the Government to ensure that the regulations are brought into force via an affirmative resolution of Parliament means that there is a continuing violation of the constitution.

The matter was called before Justice Mendonca yesterday. Appearing for the Attorney General was Assistant Solicitor General Krishendeo Narinesingh, while David Patrick represented the Integrity Commission. Patrick informed the court that the Integrity Commission had done what it was required to do by law and therefore it was up to the Government to pass the regulations drafted by the Commission. Justice Mendonca said the matter was important and ordered the State to file affidavit evidence within 14 days. He ordered that the matter be placed on the cause list so that an early date for trial can be listed.