Integrity Commission and President’s judgment

THE EDITOR: On July 19, 2003, the term of office of the Integrity Commissioners under its Chairman des Illes ended. During the three and a half weeks following, there was no IC until August 13 when President Max Richards swore in new Commissioners. The silence of the President during this hiatus was as loud as the misconceived pronouncements of Attorney General Glenda Morean who seemed unaware that Cabinet could not manipulate the Constitution to suit the whims and fancies of the PNM. It needed the Opposition’s support. While the constitution requires the President to consult both Mr Manning and Mr Panday, nothing disallows him from consulting others, whether they are former presidents with wide experience to offer, or members of his Carnival fete committee. The final selection is however his — deliberate, balanced, non-partisan, all in the national interest. The work of the des Illes Integrity Commission would presumably have been considered, in deciding who to retain, and who not to re-appoint.

Unless des Illes had indicated his unwillingness to continue, which I understand he did not, I personally am disappointed that he was not chosen. It was under des Illes that the first significant action has come out of the IC, long deemed toothless, but strengthened by Mr Panday’s administration. That Panday himself has been charged under the country’s integrity legislation is to presume neither guilt nor innocence, but to tell the world that in TT, no one is above the law. While the decision is for the President to make, the public could be excused for interpreting his final choice as a “dismissal” of des Illes since he retained Mr Gordon Deane to chair the Integrity Commission. I have great respect for Gordon’s integrity, and independence. He would not however have been my choice, and I think his appointment is inappropriate. No one in the private sector, which must at some stage interface with government, should be considered for chairing the Integrity Commission. This has nothing to do with an individual’s personal integrity and Gordon will understand that I am addressing here a possible conflict of interest, to which members of the Integrity Commission should not be saddled.

Consider the presence in Trinidad of two American multinationals, the Exxon Corporation and the American International Group (AIG). Just recently, Exxon was handed a $240 million gift by PM Manning, over the objections of the entire Petrotrin Board, and to the consternation of many citizens. Exxon had a $240 million liability to the people of TT, resulting from a contract awarded for oil and gas exploration. Manning decided that Exxon’s presence in TT was worth that, so he waived it, notwithstanding that $240 million is but peanuts to Exxon and will simply add to Exxon’s shareholders’ profits. But if other tenderers at the time, had known of our Prime Minister’s benevolent disposition, they may well have adjusted their tender above Exxon’s, recognising that the penalty stated in the exploration contract was not for real. I quote this incident to illustrate that “wheeling and dealing” is part of the every day scenario for the private sector, and asking government favours is routine to business people. AIG is probably the largest insurance institution in the world and has a wide array of related financial interests. AIG owns ALGICO insurance in Trinidad; AIG employs Gordon Deane as ALGICO’s CEO; AIG is a shareholder in BWIA; AIG carries the insurance for BWIA; AIG financed the purchase of planes for BWIA; AIG seized the B-Wee planes in Miami recently; AIG released the planes after government relented and gave B-wee some money.

The new chairman of the Integrity Commission cannot effectively scrutinise the integrity of government ministers, when those same ministers are dependent on AIG for airplane financing, and B-Wee flies only by the grace of AIG. The President appointed not one but two judges to the IC and I am surprised that he did not recognise the judicial competence and independence of those appointees. Richards also may not be aware, but Manning certainly knows that ALGICO has a PNM complexion in the public’s eyes. These views may or may not be shared by Richards, but I tender them nonetheless.

MICHAEL J WILLIAMS
Maracas Valley