Property Matters – Checking-out State-owned hotels

In the previous article, I dismantled the false narrative as to the satisfactory ‘Underlying Commercial Arrangements‘ for our State-owned hotels. To do so, I used the official records of the Parliament and its Joint Select Committees. Those records actually tell this sorry story, but it is possible to rely upon the sheer mass of material to effectively mask reality.

The defenders of these rotten arrangements are unable to rebut the official record, so some have now taken to claiming that the accounts do exist and that I should admit my errors. Well I tell you.

In between the political loyalists who have a unique way with facts and the very shortage of those facts, one needs to establish certain cardinal points if we are to make sense of all this Carefully Crafted Confusion.

So here are my cardinal points to understand this puzzle –

Capital Expenditure is all ours – every cent is our Public Money;
Repairs and Maintenance – Ditto;
Returns to Private Sector – These are obviously at or above target rates, since both Hilton and Hyatt have persisted in their POS operations. If the returns were below target, those operators would have exited, which is what Hilton International did in Tobago in 2008;
Returns to Public Sector – Unknown – since there is no commitment to accountability or transparency, despite the periodic claims to the contrary from various high-ranking officials;
Private Sector Audited Accounts – We can be sure that those exist at the Private Sector level and are made available in a timely manner to the shareholders and stakeholders of those companies. No Chief in that arena could survive a failure to produce audited accounts in the required manner – that would be grounds for instant dismissal, for cause and without compensation. Of course there is no way a Private Sector Chief could ever refuse to provide those records to its shareholders and stakeholders;
Public Sector Audited Accounts – These are never available, for whatever reason. The Public Sector Chiefs routinely fail to produce these records and even when formal requests are made via the Freedom of Information Act, those are refused. No Chief in that Public Sector arena has ever been removed or disciplined for their flagrant failure/refusal to account;

Continue reading “Property Matters – Checking-out State-owned hotels” →

Property Matters – Tobago Sandals Roles

This article will delve into the roles of the various officials and public Institutions who are responsible for this Tobago Sandals MoU.

Information Approach

This process followed the familiar pattern of information management, in which the ‘Underlying Commercial Arrangements’ are intentionally obscured, while other details are selectively provided.

topsecret It is clear that there was no intention to disclose the MoU, given the strong official resistance to my request under the Freedom of Information Act (FoIA). The entire nine-month period of my challenge was one of Carefully Crafted Confusion, with both sides claiming repeatedly that there was no secret, yet at the same time there were serious issues of commercial confidentiality. Of course, only one of those could be the truth. My litigation forced both Sandals and our public officials to decide which version was true, so the MoU was released on the day before our first Court hearing.

That MoU also contains a confidentiality clause which only permits any disclosure with the agreement of the other party. The parties promised each other to keep those important secrets safe. Continue reading “Property Matters – Tobago Sandals Roles” →

Property Matters – The Sandals MoU, part 3

sandals-beaches

Two weeks after the publication of the Tobago Sandals MoU yet there has been no cogent defence of these detrimental provisions. The stark analysis is that the provisions of that MoU all favour Sandals’ interests, so much so that I am frankly wondering if they were the authors. Serious and inescapable questions of professional responsibility arise, given the eminent named persons and State Agencies said to have been involved thus far.

The reputable economist Dr Vanus James, writing in the TapiaHouse blog on 10th December 2018 described the Tobago Sandals MoU as ‘A road-map to economic ruin’.

tobago-mou-poster On Thursday 13th December 2018 I addressed a public meeting at the Scarborough Public Library on this issue organised by my esteemed elder, Reginald Dumas. That was a full house and there was strong engagement on the implications of these large-scale proposals.

The starting-point for me was to tackle the question put to me the morning before by a media colleague from Tobago as to my being ‘a Trinidadian‘ and my role in questioning these proposals for what is certainly the largest-ever single development in Tobago. The simple fact is that ours is a tiny Republic such that those positions hardly seem to be credible. After all, if one were to adopt such a position we could end up excluding the Charlotteville opinion for a Buccoo proposal. More seriously, that position is entirely incompatible with our Regional aspirations – after all, why should we in T&T bother with Grenada which is 90 miles away or even Barbados, which is a whole 270 miles away. You see?

The main provisions are in this table. Continue reading “Property Matters – The Sandals MoU, part 3” →

Property Matters – Tobago Sandals MoU, part two

The previous article examined the clauses of the Tobago Sandals MoU and I took the position that those provisions were entirely in favour of Sandals, which was investing none of the capital. What is more, the MoU offers unspecified incentives and exemptions to Sandals, as well as a free hand in terms of purchasing and employment. Incredible, but true. This is where we are.

This article will examine the MoU further, starting with the question of just why was it released at this advanced stage after 9 months of claiming that its contents were secret and that disclosure would damage the ongoing negotiations.

tobagosandals-mouhandover — Sandals MoU handover

It could be that the Cabinet, acting in the public interest and in the face of my litigation, decided to release the MoU as a tangible show of transparency. On the other hand, it could be that the ongoing negotiations have now settled to the point that the release of the MoU was literally immaterial to the desired outcome. That second version seems to me to be the more likely one, given the mid-December date disclosed for signing the real contracts. If that is really the case, we are witness to a sobering moment in terms of the implications of this Public Private Partnership. Continue reading “Property Matters – Tobago Sandals MoU, part two” →

Property Matters – Tobago Sandals MoU

29th November 2018 was the first hearing of my Judicial Review of the refusal of the Office of the Prime Minister (OPM) to provide a copy of the Tobago Sandals Memorandum of Understanding (MoU) which I had requested under the Freedom of Information Act (FoIA) since 27th February 2018. At that hearing, the OPM agreed to provide the MoU and pay my costs, so my lawsuit was withdrawn.

This Tobago Sandals MoU was signed on 10th October 2017 and should have been disclosed long ago, without any necessity for legal action on my part. The PM and Minister Stuart Young repeatedly told the public that these details could not be published as that would undermine these important negotiations and so on and so forth.

Nine months of delays and obfuscation verging on an abuse of process, but that is just my opinion, as the OPM was advised by eminent Senior Counsel, Deborah Peake.

When the MoU was released at a press conference the evening before, Minister Stuart Young was emphatic that the decision to publish had nothing to do with me or my litigation. One has to wonder at the quality of advice being taken by the Cabinet. Continue reading “Property Matters – Tobago Sandals MoU” →

Property Matters – the Benefit of the Doubt for Tobago Sandals?

In which a Flying Pig births a White Elephant…

If that phrasing sounds over-imaginative and gross, just consider these proposals for Tobago Sandals…

The previous article stated the bare facts about this large-scale development and placed those for consideration. The response, online and elsewhere, was such that I am now going to set out the main arguments being used by the promoters of this project and place those for consideration.

What is ultimately at stake here is the right of our Public Officials to negotiate these large-scale projects, in secret and on our behalf. The promoters of this project are claiming that intangible but substantial element, the Benefit of the Doubt. This article will examine the merit of those claims for the Benefit of the Doubt. Continue reading “Property Matters – the Benefit of the Doubt for Tobago Sandals?” →

Property Matters – Sandals Splinters

#finefinefine

In writing on the extent to which Public Money is stolen or wasted and the need for proper standards, I offered this equation for the reality check –

               EXPENDITURE OF PUBLIC MONEY
Minus    Transparency
Minus    Accountability
EQUALS CORRUPTION

My previous articles have been focused on the gaps in the available information on the current proposals for the large-scale Tobago Sandals/Beaches resort,. This article will examine those proposals from the other perspective, by listing the facts which we do know. Continue reading “Property Matters – Sandals Splinters” →

Property Matters – the PETROTRIN case

The impending closure of Petrotrin has virtually captured the major part of our national debate in a swift and serious way. Many commentators seem to have taken strong stances in which their loyalties are displayed and there is a distinct lack of the basic facts.

petrotrin-refinery — Petrotrin refinery at Point-a-Pierre

This is no essay on the oil & gas aspects of the Petrotrin closure as those are areas outside my understanding. In this article, I will examine three of the most serious governance issues now emerging as this seemingly-unstoppable process rolls onward.

The issues I will be delving into are:

the information asymmetry on display here;
the enhanced offer to workers and finally,
the issues arising in relation to Petrotrin’s huge land-holdings.

Continue reading “Property Matters – the PETROTRIN case” →

Property Matters – The Housing Gap part two

“Until all have crossed, none have crossed…and some we have to carry”
— the late Dr Pat Bishop TC… timeless…

“…The Housing Policy of the Government of Trinidad & Tobago is based on the understanding that every citizen should be able to access adequate and affordable housing regardless of gender, race, religion or political affiliation…”
(the emphases are mine)

This is my second essay on the size and meaning of the Housing Gap. That is the gap between the beneficial intentions of the Housing Policy (2002) and the needs of the actual applicants, the neediest citizens, in this my Season of Reflection. The State Institution with responsibility to close that gap is the Housing Development Corporation (HDC). The Land Settlement Agency has responsibility for providing serviced lots but that is a minor part of the output.

The previous article opened by citing the little-known preamble to our Republican Constitution (1976), which affirms the principle of social justice by the operation of our country’s economic system to promote the common good. This week, my opening quotation is from the late artist, musician and commentator, Dr. Pat Bishop, in which important community values of assisting those least able to assist themselves are elevated. Almost socialist, in both expressions. I tell you. Continue reading “Property Matters – The Housing Gap part two” →

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