A myth or a reality?

THE EDITOR: I recently read the Tobago House of Assembly Act 1996 and I am left to wonder whether that piece of legislation is a reality or a myth? The act was passed by both houses of Parliament consented to by the President in 1996, and therefore is the law that must be adhered to in respect of the governance of Tobago, but the adherence and administration of that Act begs the question is the Tobago House of Assembly Act of 1996 a myth or a reality? We have just concluded eight years, or two terms, two administrations — 1996 to 2000 NAR, and 2000 to 2004 PNM and at the national level the UNC which piloted the Bill and the PNM and the act is being observed in the breach rather than in the observance and there are no explanations as to why this is so? Section 25-1 of the act states that “without prejudiced to the section 75 (1) of the constitution, the Assembly shall in relation to Tobago be responsible for the formulation and implementation of policy in respect of the matters set out in the fifth schedule.”

Section 25-2 states “for the better performance of its functions, the Assembly is hereby empowered to do all such acts and take all such steps as may be necessary for, or incidental to the exercise of its powers or for the discharge of its duties and in particular the Assembly may — and the other subsection of this clause including clauses 26-27 spell out the functions of the Assembly. It is interesting to note the provision of the fifth schedule also headlined, Area of Responsibility of the Assembly they are (1) Finance, that is to say the collection of revenue and the meeting of expenditure incurred in the carrying out of the functions of the Assembly (2) State Lands (3) Lands and Marine Park (4) Museums, Archives Historical Sites and Historical Buildings (5) Public Buildings and the maintenances of the residences of the President and the Prime Minister (6) Tourism (7) Sports (8) Culture and the Arts (9) Community Development (10) Co-operatives (11) Agriculture (12) Fisheries (13) Food Production (14) Forestry (15) Town and Country Planning (16) Infrastructure (17) Telecommunications (18) Highway and Roads (20) The Environment (21) Customs and Excise (22) Licensing (23) Health Services (24) Library (25) Education including Curriculum (26) Social Welfare (27) Marketing (28) Valuations (29) Postal Services and Collection of Revenue therefrom (30) Statistics and Information (31) Housing (32) Plant and Animal Quarantine (33) such other matter as The President may by order assign to the Assembly.

Schedule six has 11 items (1) The President (2) National Security (3) Foreign Affairs (4) Civil Aviation (5) Meteorology (6) Immigration (7) Legal Affairs including the Registration of Legal Documents (8) Judiciary (9) Auditor General (10) Ombudsman (11) Service Commissions, these items are not the responsibility of the Tobago House of Assembly. The seventh schedule captioned services to be performed or delivered in Tobago has 20 items: services of (1) the Supreme Court; (2) all Service Commissions; (3) the Ombudsman; (4) the Treasury, Comptroller of Accounts and Pensions Division; (5) the Government Printery; (6) the Registrar General; (7) the Probate Registry; (8) the Director of Public Prosecutions; (9) the Chief Parliamentary Counsel; (10) the Telecommunications Division in respect of issuance of licence; (11) the National Training Board; (12) the Ministry responsible for Industry and Commerce in respect of granting of licences; (13) the Ministry responsible for Agriculture in respect of the granting of licences; (14) CARIRI; (15) the Bureau of Standards; (16) the National Lotteries Board; (17) the Ministry responsible for National Security in respect of the issuance of Police certificate of good character, forensic science, work permits and residency applications;  (18) the Ministry of Health in respect of laboratory tests that are unable to be done in Tobago; (19) the Food and Drugs Division, Ministry of Health in respect of inspection and analysis of food and drugs; and (20) the Lands and Surveys Department in respect of compulsory acquisitions and applications under the Real Property Ordinance Ch 27 No 11.

It should be noted that Section 27 of the Act states: “where services fall within the responsibility of the Assembly pursuant to section 25-1 or where the Assembly acts as agent of the Government, statutory authority or State enterprise pursuant to Section 26 (2) the services shall be administered by the Assembly.” The situation in Tobago is that in spite of the provisions of the Act some Government departments and statutory authorities continue to operate with the “business as usual” attitude taking directives from their line ministers, or board and in the process creating a legal mess, totally ignoring the law of the land and treating the people of Tobago and their institutions with contempt and what is even worse the politicians in the Assembly and in Parliament are aiding and abetting in the commissioning of the crime.

In spite of the fact that they all swore to uphold the constitution and administer the law without fear, favour or ill will, “who is guarding the guards?” Would the Attorney General please tell the nation what is the legal position with respect of Inland Revenue, Town and Country Planning, Customs and Excise, TTPost and the Environmental Management Authority, the Licensing Division and all those divisions of departments of State operating outside of the provision of the Act? Could these entities stand the scrutiny of the Courts, let me be more specific, are the transactions carried out by the Inland Revenue legal? Are the approvals given by Town and Country Planning legal? Are the transactions carried out by Customs and Excise legal? Should I go on? How about the contract to build the new Hospital since it was done through the Ministry of Health and not the THA?  How about the wet lease of aircraft for the Tobago Air Bridge or the new ferry for the Tobago run, are these not the responsibilities of the Assembly?

Does Cabinet have the right to sabotage, undermine or amend the laws of the land? I pose this question, what of the Campaign that emanated out of the Prime Minister’s Office that carried the slogan “If you want to fix TT fix me first?” Is it not a fact that the leaders of our society should set the example by respecting the very law that they themselves contributed to become law? And now that the Tobago House of Assembly election is upon us once again must we vote back in office persons who are ignorant of the law or who by design conspired to break the law and disrespect Tobagonians and jeopardise the welfare of future generations of Tobagonians.

We just witnessed a scenario where the British Home Secretary resigned because he fast tracked a Visa application, but the politicians in this jurisdiction must be laughing their heads off and saying: “That would never happen here.” Let me remind the politicians in other Local Government jurisdictions, what is happening in Tobago would happen in your jurisdiction if you do not take heed “when your neighbour’s house is on fire wet yours.” I implore you to read Section 43 Sub Section A to E so that you would understand why the Tobago House of Assembly Act 1996 is framed the way it is and if it fails Local Government reform in other jurisdiction will also fail and to those politicians in Tobago and Trinidad who have let us down remember you all have offspring, siblings and friends who will condemn you now and in the future for failing them.

VINCENT N TAYLOR
Plymouth
Tobago