Public Procurement Delays, part two

As far as I know, there has been no response from Finance Minister Imbert to the points raised in the previous article. Of course, no response is required, but given the importance of the issue and the highly engaged communication style of that Minister, I certainly had cause for a pause.

This article will continue last week’s examination of the delays, but first, some background. The new Public Procurement system replaces the Central Tenders Board, so it is useful to note that although the CTB Act is a 1961 law, the first Board was not sworn-in until 1966 – a full five years after the law. Note well, too, that this was at a period when the CTB Act had the full support of the first PNM administration of Dr Eric Williams and the opposition forces were then a mere shadow of their current selves.

Given that background, what can we make of these delays in getting the Office of Procurement Regulation (OPR) up and running? Firstly, even though The Act is No. 1 of 2015, the first OPR Board was appointed two years ago, in January 2018, under the Chairmanship of Moonilal Lalchan.

 

tt-procurement-board
Board of the Office of Procurement Regulation sits with former President of the Republic, Anthony Carmona (front row, centre). Board Chairman, Moonilal Lalchan seated, second from left, front row. Other members of the Board include: accountant David Charliere, supply-chain manager Frederick Bowen, civil engineer Dr Anthony Lamb, attorney Robin Otway, procurement manager Herdis Lee Chee, Human resource expert Lara Quentrall-Thomas, civil engineer Sandra Sammy, project manager Nadine Bushell, and youth advocate Nikoli Edwards.

Continue reading “Public Procurement Delays, part two”

CL Financial bailout – closing the circle

clf-bailoutThis is an update on my efforts to get the remaining details of the CL Financial bailout in which over $25 Billion of our scarce Public Money has been spent.

Although the details of over 13,200 EFPA claimants who received $10.823 Billion were provided, the Consent Order entered in the Appeal Court on 24th January 2018 has not been fully complied with. The Ministry of Finance is now claiming that the CL Financial accounts relied upon by then Finance Minister, Winston Dookeran, in preparing his 3rd April 2012 affidavit cannot be found. Also missing in action is the list of creditors of CL Financial. I am challenging that non-compliance with the assistance of my attorneys.

After ending the lawsuit in January 2018, I made further requests for information from the Finance Ministry so that we could have all the details of all the payments made in this bailout. Those requests have now escalated to the stage that I have filed a new lawsuit under the Freedom of Information Act (FoIA) for the refused details. Continue reading “CL Financial bailout – closing the circle”

CL Financial bailout – filling the gaps, part two

clf-bailout

This article provides more details of the games being played in this Information War. It seems that the concealment of the details of the CL Financial bailout is of high importance.

First item is this acknowledgment from the PS in the Ministry of Finance which would be funny, if this entire matter were not so very serious –

Continue reading “CL Financial bailout – filling the gaps, part two”

Property Matters – Sandals MoU? Part three

Sandals/Beaches Tobago Illustrative Master Plan

The previous article delved into the published information on the three existing State-owned hotels and juxtaposed that with the proposals for a Tobago Sandals. Apart from the unsatisfactory position with the State’s existing hotel investments and the reluctance to give details, I also updated readers on the missing MoU for the Tobago Sandals project.

My dismal readings were based on the very limited publicly-available information, nothing else. I did not refer to any rumours or ‘inside information‘, my work is all based on the published record. The PM and his colleagues surely have ready access to a better quality and quantity of information than the public. That being the case, it begs the question as to what is really happening here.

If indeed, the Sandals project has significant upsides and benefits, those ought to have been estimated and shared by now. If the existing State-owned hotels are doing well, why aren’t the management agreements or accounts published? If those hotels are doing poorly, why are we persisting with that same model? Continue reading “Property Matters – Sandals MoU? Part three”

CL Financial bailout – the Eleventh Commandment

thoushaltnotbefoundout

‘…When we were growing-up, the Ten Commandments were drummed into us, in an effort to impart certain values…the way things are in T&T these days, it looks like we all have to live with the Eleventh Commandment…Thou shalt not be found out!…’

Today is eight weeks after the Appeal Court made its Consent Order on 24th January 2018 in this protracted litigation between the Ministry of Finance & The Economy and I. Since then, we have been chasing the information which the Ministry agreed to provide. We have had not one item or detail delivered and it is my view that had we not been chasing this continuously, the matter would have simply died.

That is what we are dealing with here. I am constrained to recite the misunderstood phrase, born out of frustration, but it looks like we are dealing with yet another ‘recalcitrant minority‘. Some readers may find that choice of phrase to be going too far in what might be simple inefficiency, rather than any deliberate obfuscation. Of course everyone is entitled to their view, so I am going to set out a few of the key event so that readers can decide.

This matter has gone well beyond a Freedom of Information request, as I am now holding an order from the High Court and another from the Appeal Court. Given those facts, the delays of the various public officials involved are serious, seeming to show a lack of haste which verges on contempt of court. Of course, the key officials with which my attorneys are engaging are also attorneys. I tell you. Continue reading “CL Financial bailout – the Eleventh Commandment”

Property Matters – Pay Day? Part Two

past-dueI previously estimated State debt to the construction industry in the $3.2-3.5 Billion range. I have since been reliably informed that construction industry claims against WASA are estimated to be in the $600M range, which of course would be subject to verification as discussed previously. My revised estimate (see table below) is now in excess of $3.8 Billion, compared to the JCC’s 27 July 2016 estimate of $2.3 Billion.

The size of my more recent estimate gives a severe picture of the State’s indebtedness to the construction industry, which is the sector that Central Bank research shows to be the largest employer in the national economy. Apart from that, the construction industry also has deep links to other important parts of the national economy such as quarrying; banking/finance/insurance; hardware stores; a range of manufacturers; transportation and so on. Continue reading “Property Matters – Pay Day? Part Two”

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”

2016 Budget Review

The 2016 budget statement was made on Monday 5 October 2015 by newly-appointed Minister of Finance & the Economy, Colm Imbert MP. Imbert is a professional engineer, so the fact that he lacked any formal certification in the financial field sparked much debate. The budget proposals have been made, so we are well past that point now.

These expenditure and revenue figures are from the Budget Statements, so no account has been taken of either actual outcomes or supplemental appropriations – this is the process used by the Government to obtain authorisation from the Parliament to exceed the approved spending limits in the national budget.

Continue reading “2016 Budget Review”

VIDEO: TOO BIG TO HIDE?

A five-minute clip on the CL Financial bailout, the State and the ‘Code of Silence’ around how $25 Billion of your taxpayers’ Dollars were spent.

At a time when we hear of falling State revenues and we know there is no soap or toilet paper in our public hospitals, this is the story of how $25 Billion of our money was used to bailout the wealthiest man in the Caribbean.

This is the story of the fight by the Ministry of Finance to conceal the details of that massive payout.

Expenditure of Public Money
Minus    Transparency
Minus     Accountability
Equals    CORRUPTION