Kamla says NCC broadcasts illegal

SIPARIA MP Kamla Persad-Bissessar claims that the National Carnival Commission (NCC) and National Lotteries Control Board (NLCB) are broadcasting illegally on Channels Four and 16. She plans to take court action to stop the broadcasts. The Government recently shut down the National Broadcasting Network (NBN), including Trinidad and Tobago Television (TTT), but has allowed the NCC and NLCB to broadcast Carnival shows and on-line lottery draws on Channels Four and 16 of the defunct NBN. But Persad-Bissessar said neither the NCC nor the NLCB are empowered legally to broadcast. 

She said the NCC and NLCB were each created by a specific Act of Parliament which laid down specific functions for them. “NCC and NLCB must operate within the four corners of the act which gave them life and legality. Each body is ‘boxed in’ by the objects, powers and duties conferred upon them by its Act of Parliament,” she said.  Persad-Bissessar said the NLCB was created by the National Lotteries Control Act which is listed in the Laws of Trinidad and Tobago as Chapter 21.04. The NCC, she added, was created by the National Carnival Commission Act, Act Number 9 of 1991. She said she had examined the two Acts and neither empowered the NLCB nor NCC to broadcast. “Nowhere within the statutory objectives, powers and duties of the relevant statutes is there the jurisdiction for either of these bodies to engage in broadcasting.” The Opposition MP said that broadcasting was ultra vires nor “outside the power of” the NCC and NLCB. “They have no jurisdiction to broadcast. Broadcasting on their part is unlawful, illegal, and null and void.

“Consequently we are planning court action to strike down the illegal decision of the Government to permit the NCC and NLCB to engage in broadcasting.” Persad-Bissessar added that this was yet another example of the illegality within which the Government operates. Sunday Newsday contacted Minister of Public Administration and Information, Dr Lenny Saith. Asked if the NCC and NLCB were acting outside their jurisdictions by engaging in broadcasting, Dr Saith said he was not a lawyer. “I can’t tell you the legal position.” When he was asked if he was worried that someone could charge that the NCC was broadcasting illegally, Saith replied: “Our legal people will deal with that.

“What I do know is that the people of this country are extremely happy to be able to see their Carnival shows on television.” Saith said the NCC did not own the television station, but the Government did. He also asked how was broadcasting by the NCC different to a case where NCC signed a deal for TV6 to broadcast? Sunday Newsday was unable to reach NLCB chairman Louis Lee Sing, or NCC chairman, Kenny De Silva for comment on the matter.