Tag: conflict of interest

Letter to the Editor – Repeal all Exclusions/Exemptions to the Public Procurement & Disposal of Public Property Act NOW

15th August 2025

The Editor,

Since the UNC’s election victory on 28 April 2025, we have had several official statements on allegedly excessive legal fees paid by the State during the previous PNM administration from 2015 to 2025.

Some details of those legal fees paid have now been published, which is good, since transparency on the expenditure of Public Money is essential if we are to have an informed engagement with these issues.

The ongoing ‘CEPEP case’ is also a serious concern, as the parties appear to be battling over the existence and content of various Cabinet Notes and Board Resolutions, not to mention who said what to who and WhatsApp messages and so on. At issue is the legitimacy/legality of the April 2025 renewal/award of various CEPEP contracts said to total $1.4 Billion in Public Money. Having read those articles, I am staggered that the reported defence of the ex-CEPEP Chiefs does not seem to be citing their compliance with the Public Procurement and Disposal of Public Property Act (The Act). What is more, the plaintiffs, as reported in the press, also seems to be silent on such compliance, which is what is required by The Act since April 2023. As interesting as those reported details are, the decisive point in this matter is CEPEP’s compliance with the Act in awarding those contracts.

In the ‘bad-old-days’ of the previous PNM administration we saw the then-AG, Faris Al Rawi, making a meal of the serious allegations of massive legal fees fraud against former PP AG Anand Ramlogan SC and newly-appointed NGC Chairman, Gerald Ramdeen – the sum allegedly mis-appropriated was in the $1.0 Billion region. Yet, at the very same time, the then-Finance Minister, Colm Imbert, was exempting expenditure on legal fees from the oversight of the Office of Procurement Regulation (OPR). Incredible, but that is what really happened in this country.

I am referring to the fact that on Friday 4 December 2020 our Parliament passed the third set of amendments to the Act. Those exemptions were a serious blow to the long-term campaign for proper control over transactions in Public Money and are extremely detrimental to the public interest.

The removal of legal, accounting/auditing, medical fees, and financial services, as well as Government to Government Agreements and ‘such other services as the Minister may, by Order, determine’ from OPR oversight was risible when one considers the strong and repeated statements as to concerns over the alleged legal fees and other scandals. The over-stated concerns as to speed and efficiency could have been addressed by approval limits for ‘Procuring Entities’ and an obligation to make quarterly reports to the OPR. At that time, it was remarkable that the Opposition UNC, as it then was, seemed unable (or was it merely unwilling?) to make those points or advance any counterproposals.

We now have a freshly elected government, with its AG making loud claims about excessive legal fees paid by the previous PNM administration, with a troubling silence on the UNC position on those damaging 2020 exemptions from the Act. I am not at all inspired by the disclosure of this or that legal fee, since what we need is a clear position from the UNC on the repeal of those damaging exemptions from the Act. Those detrimental exemptions must now be repealed so that the public interest could be well-served by comprehensive and independent oversight by the OPR, as intended when the People’s Partnership (PP), of which the current ruling UNC was the leading element, passed the parent legislation – Act No 1 of 2015.

We must avoid the errors of the past if we are to do better. If the newly-elected UNC govt wishes to do better, it must act differently from the previous PNM govt. It would be a serious blow to our Republic if the OPR were to become yet another toothless/ineffective oversight body, like the Integrity Commission or the Auditor General.

Afra Raymond
afraraymond.net

AUDIO: The Power Breakfast Show interview on 102.1 FM – 1 June 2016

Power 102 FMAfra Raymond is interviewed on the ‘The Power Breakfast‘ show on Power 102 FM by Rhoda Bharath and Richard Ragoobarsingh discussing the ongoing CL Financial bailout saga. 1 June 2016. Audio courtesy Power 102 FM

  • Programme Date: Wednesday, 1 June 2016
  • Programme Length: 35:04

Board Games – part 2

state-boards-logos

SIDEBAR: Correction on Court Case

With apologies to readers, in the previous article, I mistakenly named UTT as the SoE which had sued its Directors over allegations of a negligent 2005 investment, in fact it is eTeck which sued its Board. A lawsuit was launched by UTT on a similar series of allegations, but that was abandoned in July 2015.

Both those Boards were headed by Professor Ken Julien.

The previous article prompted a series of extremely interesting responses, so I will continue this examination of the State Controlled Agencies. That phrase includes State-owned Enterprises (such as UDECOTT, Caribbean Airlines and EFCL) and Statutory Agencies (like WASA, TTEC, CDA, PATT and HDC).

Some sharp objections were made to my comparison of the relation between the State, the Government and Citizens to a Company, its Board of Directors and its shareholders. I maintain that this is a valid comparison for us to reflect on the proper roles and responsibilities of the various public officials, but perhaps more importantly, the responsibilities of us citizens. Continue reading “Board Games – part 2” →

Board Games

demming xed out
Dennise Demming (left) was “removed and replaced” as the chair of the Tourism Development Company by Corporation Sole. Standing with Demming are Tourism minister, the Hon. Shamfa Cudjoe MP and TDC director Tonya Laing. Photo courtesy Trinidad Express.

The recent controversy over the dismissal of Dennise Demming as Chair of the Tourism Development Company (TDC) has sparked yet another round of debate on the role and operation of State-owned-Enterprises (SoEs).

Some of the issues which have arisen are –

  • What is the purpose of these SoEs?
  • How do the Boards of these SoEs get appointed?
  • Are Board Directors of SoEs required to follow directions from the line Minister?
  • Do Board Directors of SoEs have the right to get involved in managerial decisions such as hiring of staff and awarding of contracts?
  • Do Ministers and Permanent Secretaries have the right to meet with or direct staff of the SoEs without the input of the Board of Directors?
  • Given the recent Appeal Court decision in the eTeck case, what is the legal liability of Board Directors of SoEs?

Continue reading “Board Games” →

Privacy Pros & Cons

The recent high-level of public concern over the SSA Amendment Bill was of limited concern to me, until I started listening properly. In the event, the proposed law was passed by the Parliament and there is some threat from the Opposition of a lawsuit to test its constitutionality. We will see.

Two very interesting stances surfaced during the heated debates and it is at these kind of moments that I sometimes think of our so-called political divide. Those were the Right to Privacy stance disclosed by the AG and the private briefing of Parliamentarians as a legislative tool.

Sen. Faris Al Rawi, Attorney General
Faris Al Rawi, Attorney General

The AG, Faris Al Rawi, was emphatic on 2nd May 2016 that we have ‘…no enshrined right to privacy under the law…‘. He was almost immediately contradicted by former CJ, Michael de la Bastide QC, who relied on Section 4 (c) of the Constitution which specifies ‘the right of the individual to respect for his private and family life’. In ‘The creep of Tyranny‘ on Monday 9th May 2016 in this newspaper, my colleague Michael Harris also made strong objections to the AG’s stance. Of course we have rights to privacy and those are entrenched in our Constitution, but now those rights can be limited by the new law, intended to promote national security. Continue reading “Privacy Pros & Cons” →

CL Financial Bailout – Duprey’s Gambit

Lawrence Duprey. Photo courtesy the T&T Review
Lawrence Duprey

Last week we learned that Lawrence Duprey and his fellow CL Financial shareholders are victims of a badly-handled bailout. According to the Duprey version, the State must halt all asset disposals and he must regain control of the CL Financial group of companies. In what seemed to be an immediate response, Minister of Finance & the Economy, Colm Imbert, said he was so alarmed at the gross mismatch in the bailout figures that he decided to order a forensic audit on the entire process. These two contrasting stories are the latest big news on the CL Financial bailout.

I have always objected to the CL Financial bailout and it has become a strong example of how the Public Interest can be perverted under a series of disguises.

The Duprey Gambit is just the latest attack on good values in our country. It is a nasty, shocking outbreak of moral hazard. It needs to be dismantled and discredited, nothing less will do.

The Imbert Initiative looks like a welcome move to examine the details of this scandalous waste of Public Money. The proposed forensic audit seems to signal some official appetite for disclosure. However, if this is to properly protect the Public Interest, there are some ‘litmus tests’ which can show the official commitment to disclosure

This article will examine those two proposals so that some meaning might emerge from this utter, deliberate confusion.
Continue reading “CL Financial Bailout – Duprey’s Gambit” →

Telling Truths

“…The first responsibility that devolves upon you is the protection and promotion of your democracy. Democracy means more, much more, than the right to vote and one vote for every man and every woman of the prescribed age…”
—Dr Eric Williams, in his first Independence address, on 31st August 1962.

We are now at a place in which our political parties routinely subject us to misleading promises to win elections, followed by a sharp dose of reality as we realise which financiers are actually in charge of important public policy. This has been happening for a while now, but while we can criticise the various political parties, our gullibility is at the root of the problem. Many of us still believe in ‘Father Christmas’, so we remain stuck in a loop of high expectations leading to deep disappointment. Frustration and outrage appear to be key features of the ‘new normal’ we are all now living.

Obviously, we need a big shift in how the membership of the political parties hold their leaders accountable once office is attained, but there are other aspects of public affairs which need to change. Some say that once we choose not to vote, we have lost the right to criticise the actions of public officials, since we are effectively opting-out of the system. I believe it is important to remember that politics is not a single choice made by the voter at elections: politics is how we live our lives together and choose everyday.
Continue reading “Telling Truths” →

Our Land – The Review

“…A small State such as Trinidad & Tobago must accord a very high priority to the judicious management and utilization of its land resources or perish. All elements of land policy must be designed to ensure that these finite resources are efficiently utilized and husbanded in such a manner as to serve the long term interests of the national community…”
—Conclusion of “A New Administration and Policy for Land” (19 November, 1992)

The PNM won national elections on 7 September 2015 by 23-18.

Two key themes emerged during the PNM’s successful campaign –

  1. Firstly, there was a strong emphasis on the critical need to restore proper standards of Accountability, Transparency and Good Governance;
  2. Secondly, a commitment was given to ‘keep the various promises made by the PP government’.

When one considers the various promises, policy changes and actions of the PP in relation to land and property, it seems clear to me that those two campaign commitments made by the PNM are entirely incompatible.

Our country has a very high population density and the previous Minister of Land and Marine Resources estimated that some 63% of our country’s land belongs to the State. It is therefore a cardinal State responsibility to properly manage those critical resources so that short and long term interests can be reconciled in a sustainable manner. The present situation is so serious and damaging to our collective interests that I am calling for a halt to any attempt to keep promises with respect to land and property while a fact-finding and policy review is conducted.

landpolicyThe opening quotation is from the National Land Policy 1992, which is now a virtually unknown document since its very existence is denied by all the relevant agencies. This Policy provides critical guidance for how this scarce resource should be best managed in the Public Interest.

The severe crisis now evident in relation to our State Lands resembles a ‘Tragedy of the Commons‘ in which this crucial resource which should offer long-term collective benefits is effectively abused by self-seeking individuals. The pattern of abuse is facilitated by gross mismanagement, in profitable partnership with deliberate obscurity in how the State Land system actually operates.

Food Security

foodplan-2012-15This remains elusive since in March 2012 the Ministry of Agriculture, Land & Marine Resources published its Food Production Action Plan 2012-2015. The major goal of that Action Plan was to halve the country’s annual $4.0 Billion food import bill. Yet in March 2014, the Food Production Minister, Senator Devant Maharaj, stated that the food import bill had been reduced by only 2% since 2010.

The significant reduction of our food import bill will require a flexible plan, with dedicated implementation and continuous monitoring. The one inescapable requirement is for farmers to have access to land of suitable quantity, quality and location. Without a good supply of land, no food security plan can succeed.

Land for the Landless

The proposed revisions to the State Lands Act 1998 were approved by the Lower House of Parliament on 3 June 2015 and withdrawn after the JCC raised certain objections. The proposed change in the ‘Land for the Landless’ policy were approved by Cabinet on 19 March 2015 with these main elements –

  • Occupation Date – Was moved from January 1998 to June 2014, which means many more persons would qualify.
  • Income Limits – Previously the maximum monthly family income was $8,000, this was now revised to $30,000.
  • Definition – the 1998 Act defined a landless person as one who was ‘disadvantaged’ according to the Ministry of Social Development, that word was deleted from the revised proposals.
  • Designated Areas – these were specified in an extensive list of over 400 areas covering the entire country.
  • The Numbers – The total number of persons identified was 250,000 and a commitment was given to regularise some 60,000 of those.

A policy which was originally intended to alleviate the plight of our poorest citizens has now effectively been extended to offer ‘Land for Everybody’. The existing commitment in respect of 60,000 lots will consume about 8,000 acres of land.

EMBD

https://vimeo.com/7987617
embd logoThe EMBD website states that it is responsible for the development of the former Caroni lands – some 7,500 residential lots are being prepared for ex-Caroni workers as part of their retrenchment package, with a further 8,400 agricultural leases of 2-acre parcels reportedly being processed. That means about 940 acres are to be used for the residential lots, with at further 18,500 additional acres for the agricultural plots. The total land area to be used would be about 19,420 acres, which is about a quarter (26%) of the estimated area of the Caroni lands.

Caroni Lands

caroni1975_logo_smallCaroni Lands were leased to ex–Caroni workers as part of their retrenchment compensation – they were entitled to one residential lot and a two-acre parcel for food-crop farming. The use of those lands for those purposes was intended to be controlled by the restrictive covenants in those leases. For instance, the residential lots were to be developed by a residential building within three years and the agricultural lots were to be held by the ex-workers for food-crop farming. In the 2015 budget, the restriction on sale of those agricultural lands was removed (pg 14). In addition, Cabinet Minute 3093 of 6 November 2014 approved the removal of the restrictive covenants in the leases to ex-Caroni workers – both agricultural and residential. No restriction on sale and no requirement to build on the lots.

This is tantamount to the State entirely gifting the development and transactional rights to these lessees, with no effective means of ensuring the originally desired results.

Housing Development Corporation (HDC)

hdc-logoThe HDC sells new homes at heavily-subsided rates to middle-income families, subject to restrictive covenants which prohibit open-market sale within the first ten years. Under the terms of that clause, the owner of one of these homes is required to offer the property to the HDC at the original price. It now seems that the HDC has relinquished those restrictive covenants. I have seen several letters signed by the HDC which authorise the open-market sale of those homes within the ten-year embargo period. I am not aware of any policy decision which supports that pattern of approvals and none of the vendors I have spoken with have paid any penalties of profit-share to the HDC.

This is yet another example of the State or its agents abandoning its fundamental duty to properly manage the public property rights within its remit.

Property Tax

The proposed Property Tax would require a live, open-access database which would allow anyone to examine the details of any property in the country. Those details would include land area, building area, number of bedrooms/bathrooms and other facilities, transaction history, ownership and assessed taxes. One of the strongest sources of opposition to the Property Tax is persons who would wish to keep the details of their property holdings and dealings as secret as possible.

The new Property Tax system and the modern database is in fact a key element in unearthing the facts of our country’s property ownership and occupation.

Property Tax must therefore be a priority in this arena.

The unrealistic policy of homes with gardens consumes too much land and will jeopardise our country’s sustainable future.

CL Financial Bailout – Studied Disdain

Sen the Hon. Larry Howai, Minister of Finance and the Economy

SIDEBAR: How much Public Money has been spent on this CL Financial bailout?

These are the official statements as to the actual cost of the bailout since 2012. It really resembles the ‘carefully cultivated confusion‘ which I deplored recently in relation to the Invader’s Bay fiasco.

  • 3 April 2012 – Affidavit of then Finance Minister, Winston Dookeran, which specifies the Public Money committed to this colossal bailout as – 
    Para 21 (a) $5.0Bn already provided to CLICO;
         (b) $7.0Bn paid to holders of the EFPA and
Para 22 $12.0Bn estimated as further funding to 
be advanced.

    Dookeran is saying in April 2012 that $12 Billion had been paid and an estimated $12 Billion remained to be paid, which is a total of $24Bn in public money to be spent to satisfy the creditors of the CLF group.

  • 1 October 2012 – Senator Larry Howai, delivering his first Budget Statement, stated the cost of the CL Financial bailout at page six –
    “…The cost to the national community has been substantial—an amount of $19.7 billion or 13.0 per cent of our current GDP; yet this expenditure was necessary and decisive for containing an economic and financial crisis…”
    Howai is telling the Senate in October 2012, a mere six months after Dookeran’s Affidavit, that $19.7 Billion has been spent. If we follow this official account, which fixed the total spent in April 2012 at $12 Billion, an additional $7.7 Billion of Public Money was spent in six months. I continue to contest whether this bailout was at all necessary, but it was certainly an incredible rate of expenditure, that cannot be contested.
  • 4 May 2013 – In this newspaper, under the headline ‘$25b and counting – Cost to taxpayers of CLICO bailout and enquiry‘ –
    “…However, Government’s intervention into the CLICO fiasco has cost taxpayers more than $25 billion…”
  • 17 May 2013 – UNCTT’s website contains a formal Press Release from the office of the then Attorney General, Anand Ramlogan SC –
    “…It should be noted that efforts to stabilize and resuscitate CLICO have thus far cost taxpayers over $25 billion dollars…”
  • 2 April 2014 – At the Senate sitting , Minister Howai stated at page 35 of Hansard –
    “…Mr. President, as you would perhaps be aware, the cost to the country of the CL Financial bailout—the actual cash that has been put out—is approximately $20.8 billion. This was done in an effort to preserve the stability of the economy of Trinidad and Tobago…”
  • 7 August 2015 – I was therefore astonished to hear the Minister of Finance, Larry Howai, stating on CNMG TV, that the cost of this bailout is ‘not quite $20 Billion‘.

The first item, Dookeran’s April 2012 affidavit, is the one for which Howai is now being required by the Court to produce the details.

Some of my views on this, from last week –

“…Well, this is the usual practice, in which the public right to know is subordinated to private, undisclosed interests…it seems to me at these moments that the job of the State’s attorneys is to shroud the entire indecent affair in ‘something resembling an important principle’, but ultimately the effort is intended to wear me down and let the issue fade from collective memory…I am continuing to fight this very hard…what we have here is the ultimate collapse of our Republic by Public Officials who are sworn to uphold the Public Interest without fear or favour, but end up exposed as serving the toxic interests of the financial robber barons…I am reminded of Simon Johnson’s ‘The Quiet Coup‘ published in The Atlantic of May 2009…in T&T, we too, had a quiet coup…”

As the Season of Reflection and the impending election flow together, there is a bitter brew now being offered in relation to the CL Financial bailout.

Disdain is an attitude which denotes someone or something as being unworthy of proper consideration. I think that in relation to our collective interests in the CL Financial matter, we are now being subjected to Larry Howai’s ‘studied disdain’ in relation to our collective interests in the CL Financial matter.

On Tuesday 10 August 2015, the State announced its decision to appeal the recent High Court ruling that the details of the CL Financial bailout must be published. That appeal was also filed that day and the State applied to have the stay of execution extended to the end of the appeal process – the latter issue will be heard on 19 October 2015.

The Minister of Finance & the Economy is the main public official with responsibility to account for how Public Money is spent. The Public Money being used to bailout the CL Financial creditors is our money. The Minister of Finance therefore has a fundamental duty to publicly account for how our money has been spent.

Our collective interests in this matter, of exactly how $25 Billion of our dollars were spent, far outweigh the undisclosed interests on whose behalf the Minister is now appealing.

This appeal is against every one of the orders made in the High Court judgment of 22 July 2015 and therefore represents an utter abdication of the fundamental duties of the Minister of Finance and the Economy.

Our collective interests could benefit from the unintended juxtaposition of national elections, the apparent halt of USD sales by the country’s leading bank and the hostility of the Minister of Finance to the truth. These are rare moments in which we might gain insight and regain fundamental rights, but we have to be aware of what is at stake.

The Ministry’s Press Release deserves stern scrutiny, so these are my points. Continue reading “CL Financial Bailout – Studied Disdain” →