I 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”→
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 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”→
“…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 –
Firstly, there was a strong emphasis on the critical need to restore proper standards of Accountability, Transparency and Good Governance;
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.
The 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
This remains elusive since in March 2012 the Ministry of Agriculture, Land & Marine Resources published itsFood 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 The 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
Caroni 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)
The 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.
This is a short video (courtesy of TV6) in which the Minister of Land & Marine Resources, Jairam Seemungal, responds to questions on the occupation of State lands in Couva by SIS Ltd, one of the main financiers of the Peoples Partnership.
The ‘Land for the Landless’ program, which is being implemented by the Land Settlement Agency (LSA), has now been redefined in such stark terms that I have decided to call it by a more appropriate title ‘Land for Everybody’.
The previous article set out the main points of the revised program. That detrimental law was approved by the House of Representatives on Wednesday 3rd June. Although we have now heard that the new law to amend the State Lands 1998 Act was withdrawn just before the close of our Parliament on Friday 12th June 2015, we are also being told that it will be approved if the Peoples Partnership is returned to office after the national elections in September.
This change to our country’s squatter regularisation law is therefore now being held out as an expansive election promise to regularise the status of some 60,000 landless people. That proposed program is a severely detrimental one which will likely lead to greater problems in the important question of our country’s human settlement policy. It is therefore necessary to highlight the dangers this new ‘Land for Everybody‘ program poses to our collective interests.
The Minister of Land and Marine Resources, Jairam Seemungal, gave several interviews which attempted to rebut my criticisms, so it is important that that these fundamental issues be properly understood. The public interest demands nothing less.
Food Security
Food security is that elusive state in which we can feed ourselves at a decent standard of nourishment and at an affordable price, without heavy reliance on imported food. The very issue of how food security is defined is hotly debated, but it is clear that we are far away from even the simple one I offered.
In March 2012 the then 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. That is a sobering reflection on how serious is the challenge of moving to some significant degree of food security, even for an administration with substantial links in the agricultural sector.
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.
The issue is a long-term one, so it is clear from the failure to achieve the targets that a deeper commitment of resources and monitoring is needed if we are to improve our collective position. The Food Production Action Plan 2012-2015 is now up for thorough review which must include serious input from the public and stakeholders.
Shiraz Khan, President of the Trinidad United Farmers’ Association, has spoken out about the disastrous land use policies now unfolding and I have also heard Omardath Maharaj join the calls for a holistic discussion of agriculture policy.
What is the policy?
We are reliably informed that the new ‘Land for the Landless’ policy was approved by Cabinet on 19th March 2015, but there is no clarity as to whether this policy conforms to the existing 1992 Land Policy. The recently-approved policy ought to be subordinate to the wider Land Policy, which states at page 9 –
“4. LAND USE POLICY
4.2 The New Land Policy proposes:
(a) that the existing system of land use zoning be strengthened to ensure that prime agricultural land is not mis-managed or converted to non-agricultural uses except on the basis of a significant spatial or economic development rationale…”
It is imperative that our country’s human settlement policies take proper account of the need to preserve our limited supply of arable land, so that we can maintain some degree of food security.
The critical point is that our total supply of land is very limited, due to the tiny size of our country. The supply of arable land which has not been developed is even more limited, so the choices are stark. There is not enough land for us to continue with this reckless policy of land distribution or large-scale building of houses with gardens. To continue with those policies would be watching a disaster unfold before our very eyes.
I have heard occasional statements from the HDC or Housing Ministry, in this and previous administrations, but that is merely to mention a major issue. This is a serious issue with dire long-term consequences for our society and a proper, wide-ranging policy review is urgently required. That review must include the 2002 Housing Policy, the 2003 UWI Report on the future of Caroni lands, the 1992 Land Policy and the Land for the Landless policy.
How many people will be affected by this policy?
There was some dispute over numbers, with the PM claiming that 30,000 squatters were to be regularised, the Minister of Land & Marine Resources doubling that to 60,000, all while the LSA website states that there are 250,000 squatters.
At one point, the official rebuttal seemed to be that there were 60,000 households with 250,000 inhabitants, but since the three cited statements were referring to ‘squatters’, that line has now been abandoned. We are now told that the intention is to regularise 60,000 of an estimated total of 250,000 ‘squatters’.
How are the 60,000 eligible persons to be selected?
So, which 60,000 people are to be regularised out of the 250,000? How is that selection to be made? Even after all this defensive talk, I am not at all clear on that.
Will the decisive point be the date of application or the length of time a squatter community has been established? The date-based approach would have some legal weight, given that squatters’ rights have usually accrued in accordance with the period of occupation. To my mind, that would be a weak basis on which to proceed, given the shortage of land and variety in its quality.
In the alternative would the choices of communities to be regularised be based on an assessment of alternative uses or land value? What role would the fertility of the soil play in making these important decisions? If we are to have a reasonable chance of tackling the food security issue, it is critical that these factors play an important part in making these decisions. That is not negotiable.
Finally, one has to mention the elephant in the room. Could it be that the selection of those 60,000 squatters is a political one? Are marginal constituencies to be favoured? Is that a possible outcome we ought to guard against? Which are the constituencies in which the selected communities are located?
The Bill to amend the State Lands Act 1998 comprised 24 pages and we need to note that 20 of those pages was an expansive list covering at least 500 areas or districts in our country. I quipped ‘Charlotteville to Los Iros‘, but the point is that with so expansive a list of areas, just about anywhere could be eligible for regularisation. You see?
The point of how these critical selections are being made is one which must be answered as soon and as clearly as possible.
Who qualifies as ‘landless’?
SIDEBAR: The LSA’s abortive meeting with JCC
In March 2015, the LSA wrote informally to seek dialogue with JCC on this revised ‘Land for the Landless’ program and we responded by requesting an agenda and a formal invitation. Despite our constant efforts, we are still awaiting a response.
This is the most damaging part of this proposed policy shift, with the new income levels having shifted to a monthly maximum of $30,000, together with the elimination of ‘disadvantaged’ as a decisive criteria having the combined impact of making these scarce lands available to anyone. The fact is that a family with a monthly income in the $30,000 can readily qualify for a mortgage in the $1.6-1.7M range and there are plenty of good-quality homes in that price range for sale in our country.
The CSO’s 2009 data on monthly Household Income shows a national average in the $8,000 range. Yet we have a Minister, supported by his professional staff, advancing a policy which is seeking to extend a program intended for the benefit of our neediest citizens to just about anyone.
One can only wonder what was the research on which this bizarre policy was based.
This is no time for inadvisable and ill-considered electoral promises, from either side. Our children’s children will wonder just what kind of intentions did we have. History will judge us harshly if we continue with this foolhardy basket of policies.
A detrimental ‘land grab’ is almost upon our country and we all need to be alert to prevent the destruction of our patrimony and prospects.
Hon. Jairam Seemungal, MP. Minister of Land and Marine Resources
The State owns most of the land in the country – recent estimates by Minister of Land & Marine Resources, Jairam Seemungal, place the proportion of State-owned land in the 63% range – and as such those lands are critical national assets with which a progressive government could seek to address issues of poverty in a sustainable fashion. Those policies would have to be redistributive in nature if they are to effectively address the serious poverty faced by some of our citizens. That means the State using our resources to provide affordable land and housing to those who are unable to do so in the open market. It is critical to ensure that these redistributive programs operate properly so that the benefits will go to the needy persons for whom they are intended. Those are objectives which I fully support.
I quipped that the ‘Land for the Landless’ program should be re-named ‘Land for Everybody’, but recent developments have turned that quip into a growing reality.
There have been three big changes which have effectively undermined the very meaning of these important redistributive programs –
THE CARONI AGRICULTURAL LANDS
The Trinidad Express reported that the Minister of Finance & the Economy, Larry Howai, announced a significant change in the original policy in the 2015 budget, in that the ex-workers receiving agricultural leases were now free to sell these lands. Those lands which are sold will likely leave the agricultural use for which they were allocated, representing a significant and detrimental ‘alienation’ of those limited lands.
THE NEW ‘LAND FOR THE LANDLESS’ PROGRAM
This important program has been revised to now provide for an annual target of 3,000 to 4,000 lots at an estimated annual cost of $1.0 Billion. Even if one makes the most optimistic assumptions that the upper target of 4,000 lots is achieved at the estimated cost of $1.0 Billion, the cost per lot is $250,000. I do not know if the cost of the land is included in those estimates, but experience suggests that it would have been excluded, which would be a serious gap in the planning for the development of these important public assets.Most alarmingly, the income limits have now been increased in a manner which suggests that this program is no longer intended for the benefit of the disadvantaged in our society. The original ‘Land for the Landless’ program set an upper limit of $8,000 on the family’s monthly income, but that has now been increased to $30,000. A family with a monthly income of $30,000 can readily afford to buy a home with private mortgage financing. Apart from that, there are serious questions as to whether the inclusion of those upper-income applicants would force-out the poorer people this program is intended to assist.
It is just impossible to reconcile the new family income limit of $30,000 for the ‘Land for the Landless’ program, which is only for residential lots, with the Housing Development Corporation’s (HDC) $25,000 limit on the monthly family income of applicants for homes.
The main points of this proposed new law, which still has to be approved by the Senate, are –
Application date – formerly, persons who had illegally occupied State Lands up to January 1998 were entitled to be regularised – the new law would move that date to June 2014. That means that more persons will be regularised;
Who is ‘Landless’? – In the original 1998 Act, a ‘landless’ person is defined at S.2 (1) as –
“…“landless” refers to a person who falls within a category designated as disadvantage (sic) by the Minister to whom responsibility for Social Development is assigned and who has no legal or equitable interest or any other interest or claim to such an interest, in a dwelling house, residential land, or agricultural land upon which a dwelling house is permitted to be built…”
Obviously, the original law was intended to assist the most needy persons in our society.In the proposed amendment, just approved by the House of Representatives, ‘landless’ has been redefined as follows –
“…(c) in the definition of “landless”, by deleting the words “who falls within a category designated as disadvantage by the Minister to whom responsibility for Social Development is assigned and…” (the emphases are mine)
The landless class has now been expanded by our Parliament to eliminate any mention of disadvantage. I tell you.
Where is the land? – The Schedule of the new law is an A to Z list of designated areas in every district of our country, so these are really expansive proposals. All areas will be affected, from Charlotteville to Los Iros.
The rationale – Minister Seemungal stated that there are extensive aerial surveys from 2014 and other information being used to guide this process, but I think significant caution is necessary. The lack of an open process of policy review and formation in this important matter is proving very expensive for our collective interests. Have other State agencies and stakeholders been consulted? These critical policy changes must be underpinned by substantial research and consultation which can earn the required degree of public confidence.
Who benefits? – We do not have any open database on the allocation of public housing, state land or any property at all. These records must be open and searchable so that the potential for serious improper behaviour amounting to a ‘land grab’ is minimised. In the present opaque arrangement the real beneficiaries could remain unknown for too long. Of course that is a recipe for the misallocation of State lands on an epic scale, so it is important to establish some transparent mechanism to examine what is happening.
When one considers the numbers involved, there is a clear sense that these programs, which were intended to benefit the poorer class of citizen, are being systematically ‘gamed’. It is even possible that officials are assisting those elements for the advancement of their own political agendas. The numbers wrangle is beyond the scope of this column, but I will be exploring it in the near future to explain how they relate a particular story.
The degree of confusion is immense, with LSA officers denying the existence of the national Land Policy. If we are to go by his evasive response to simple questions on the SIS occupation of State lands at Couva in disputed circumstances, the very Minister Seemungal can be seen as hostile to providing essential facts. The PM told the Parliament the next day that the Minister had denied making those televised statements.
We need to be alert to protect our patrimony, particularly in relation to property.
Given the continuing absence of the Opposition PNM from our Parliament and the sporadic coverage in the media, it is important that the main points of these new proposals be exposed –
Application date – formerly, persons who had illegally occupied State Lands up to January 1998 were entitled to be regularised – the new law would move that date to June 2014. That means that more persons will be regularised;
Where is the land? – The Schedule of the new law is an A to Z list of designated areas in every district of our country, so these are really expansive proposals. All areas will be affected.
The rationale – Minister Seemungal stated that there are extensive aerial surveys and other information being used to guide this process, but I think significant caution is necessary. The lack of an open process of policy review and formation in this important matter is proving very expensive for our collective interests. Have other State agencies and stakeholders been consulted?
Who benefits? – We do not have any open database on the allocation of public housing, state land or even all property. Which means that the real beneficiaries could remain unknown. Of course that is a recipe for the misallocation of State lands on an epic scale, so it is important to establish some transparent mechanism to examine what is happening.
Just remember that Minister Seemungal was the one who refused to provide details on the terms under which SIS occupied certain State lands at Couva, claiming that those details were private. The PM told the Parliament the next day that the Minister had denied making those televised statements. As I wrote recently in the ‘Our Land’ series, the new rules for the ‘Land for the Landless’ program, make it seem that the real name should be ‘Land for Everybody’.
We need to be alert to protect our patrimony, particularly in relation to property.
The Trinidad & Tobago Land Policy of 1992 has not been reviewed, withdrawn or superceded. Those are the facts. The responses of various public officials when queried, and the routine conduct of public bodies in relation to public land, are both in conflict with the existing policy. This article will explore the gap between the official policy and official conduct.
The 1992 Policy contains elements which are substantially beneficial to our nation.
Land is very important, especially because the quantity is very limited, so we need future-looking and properly-enforced Land Policy if we are to have a sustainable future in our country. I am specifically using ‘we’, since the important role of land requires us all to have a stake in these progressive outcomes. I am also specifically using ‘in our country‘, to emphasise the fact that most of us will have to live here.
This week’s column will set out some of the key elements in the 1992 Land Policy, so that we can begin to understand just why it has been effectively dismissed from official consideration.
State ownership
Hon. Jairam Seemungal, MP. Minister of Land and Marine Resources
An important consideration is the high proportion of public land in our country, at para 1.2 on page 2 of the Land Policy we learn that an estimated 52% of the whole is State land. We also recently heard Land & Marine Resources Minister, Jairam Seemungal, state that the proportion of land belonging to the State is of the order of 58% of the whole. Because so much of the country’s land belongs to the State, it is therefore critical to ensure we have a robust policy in respect of State land.
An estimated 47% of State land is forested and therefore subject to certain controls. The non-forested State lands are about 133,000 hectares, which is about 329,000 acres.
The estimated land area designated as suitable for cultivation is about 35% of the whole, comprising about 179,000 hectares or 442,000 acres.
Agricultural Land
According to the 1992 policy, there is a significant decline in the proportion of suitable land actually under cultivation, from 74% in 1963 to about 60% in 1982.
We need to consider food security as an important part of our country’s security. Our taste for foreign food and drinks; the uncertainty of our foreign exchange supply and the continuing loss of agricultural land, all mean that it is critical for land use policy to support our country’s food security policies.
History shows that once land is removed from agricultural use for other types of development, it is almost always lost for future agricultural use. That is described as ‘land alienation’ to signify a complete loss.
We have already lost some of our most fertile lands to contemporary development – eg three major areas completely lost are Valsayn as well as the River and Diamond Estates in Diego Martin. The very fertile Aranjuez lands are being rapidly developed with housing and commercial uses.
In fact, the lands at Tucker Valley in Chaguaramas are some of the last remaining first-class agricultural land in the country. To my mind this means that extra attention must be paid to any proposals for the use or development of those lands. Most importantly, those proposals must be ventilated and considered within the context of the land policy.
So, what does our official land policy state on this critical issue?
At page 9 –
4. LAND USE POLICY
Land Zoning
4.1 During the period of the oil boom (1974-1982) there was great incentive to shift land out of agricultural into other uses such as housing developments and industrial/commercial activity. In the process much good agricultural land was irretrievably misallocated. This is confirmed by the 1982 Agricultural Census.
4.2 The New Land Policy proposes:
(a) that the existing system of land use zoning be strengthened to ensure that prime agricultural land is not mis-managed or converted to non-agricultural uses except on the basis of a significant spatial or economic development rationale…
The expanded program is to provide between 3,000 to 4,000 lots each year, at an estimated annual cost of $1.0 Billion. The Minister also proposed an increase of the income limits for applicants from the previous figure to a new joint monthly income of $30,000.
This ‘Land for the Landless‘ program will require our sternest scrutiny, given its key features. For one thing, the annual target of 3,000 to 4,000 lots means that about 200 hectares (or 500 acres) of land would be distributed each year. How can we ensure that this program does not cause more loss of our limited agricultural land? Where is all this land going to come from? Given the fact that most officials seem unaware of our country’s existing land policy, this is a serious issue. Indeed, the very Land Settlement Agency stated that they were unaware of any State land policy when we contacted them before starting this series. So that is the problem, the officials who should know, don’t know and what is more, they don’t know that they don’t know. I tell you.
But the situation becomes even less acceptable when we consider the increased income levels in the expanded program. The intention of this program, as I understand it, is to provide subsidised housing lots to poorer people who are unable to afford land and intend to build their own homes. A family with a combined monthly income of $30,000 would comfortably qualify for private mortgage financing to buy a home in the $1.5M+ price range. To expand a program intended to serve the poorer groups of hopeful homeowners in this way is a wanton diversion of limited State resources – both land and finance – for some other purpose.
HDC allocation policy sets a monthly household income limit at $25,000 and LSA is now racing ahead to offer subsidised land to families earning up to $30,000 a month. I tell you.
It seems like this program is really ‘Land for Everybody’.
…With this, Mr. Speaker, you would find that you have lands all over the place, they have thousands and thousands and thousands of acres. Just under the Caroni (1975) Limited alone, they had over 70,000 acres of land, and now I am finding it is closer to 90,000 aces to 100,000 acres of land they had, and we can only know that, Mr. Speaker, by using a scientific approach…
So, there is official uncertainty as to the true land area of the Caroni estate.
The most important finding, thus far, is the extent to which the basic policy and information is unknown, which would be a very bad situation, or it is known and is being purposely ignored. The former case would be a very sorry story in terms of how our country has been run for too long, but the latter case would be far, far worse. So, which is it?
What we need as a starting-point in this process of managing the critical asset of land, is an open, searchable database with details of all the country’s property, public and private. The 2009 Property Tax proposals made by the Manning administration would have required such a database if the new system was to have worked. There was considerable merit in those proposals, but the strong opposition killed the idea and the Peoples Partnership shelved the Property Tax after winning elections in May 2010.
There are substantial landowners and land-grabbers who would have had their holdings and operations exposed to critical scrutiny if such a database had been established. Those people have benefitted from the continued opaque arrangements.
So, what does the Land Policy say on this?
(page 6)
“…Establishment of National Land Information System
3.4 …Lack of timely information results in loss of revenues, loss of investment opportunities and inefficiencies in land management…
3.5 The New Land Policy proposes establishment of an integrated graphic and non-graphic national land information system as a matter of priority. This system will be computer-based…”
Of course, back in 1992, the internet was in its infancy, so the proposal was not for online access.
There have been some steps to complete the required database, but given the amount of money which has flowed through our Treasury and the enlightened policy being established in 1992, we are still without the required detailed, public information.
The question is ‘Which interests are served by operating in the shadows?‘
Conclusion
Our country has severe limits on the available land, so we need a proper system to ensure that those lands are used in a sustainable and equitable manner. Despite its beneficial aspects, it is clear to me that the 1992 Land Policy is in need of revision. In the interim, that policy must be observed. The concerned members of the public need to inform themselves to defend our patrimony.
The Public Procurement & Disposal of Public Property Bill was passed by the Senate on Tuesday 16 December 2014, completing its journey through the legislative process. That is an historic achievement for our country, so it is essential that we take our bearings and properly record the moment.
This important new law to control transactions in Public Money was the objective of a long-term, collective campaign by the Private Sector Civil Society group (PSCS) of which JCC was a member. The JCC met with the leaders of the Peoples Partnership in April 2010, with one of the key promises emerging from that meeting being that new Public Procurement laws would be passed within one year of an election victory. It has taken four and a half years for the government to achieve that.
This achievement was only possible because of our collective efforts. Ours was a diverse group which resolved to campaign together for this critical reform of our country’s laws to ensure effective control over transactions in Public Money. Continue reading “Public Procurement Priorities”→
The Integrity Commission is continuing its efforts to revise the Integrity in Public Life Act (IPLA) to give greater effect to its anti-corruption work. I fully support those efforts.
The key challenge is to discern how Public Officials commit the corrupt acts the Commission is meant to reduce. It is therefore necessary to conduct a scrupulous examination of Commissions of Enquiry and other Inquiry (eg LifeSport) Reports & evidence; Auditor General’s Annual Reports; as well as the leading international learning on these questions.
Once the main methods of corrupt agents are discerned, it will then be necessary to consider how the existing powers of the Commission might be deployed in tackling those and if there are new powers needed.
Public Money
‘Public Money’ is the term used to describe money due to or payable by the State, including those sums for which the State would be ultimately liable in the event of a default. Public Money is sometimes called Taxpayers’ Money. It is our Money. The leading learning from which we have drawn serious lessons in the campaign for Public Procurement reform is Lord Sharman’s 2001 Report to the British Parliament – Holding to Account – which was a thorough examination of the definition, role and need for control of ‘Public Money.’ We expanded on Sharman’s definition of ‘Public Money‘ so as to capture the full range of possibilities, but we have accepted his key finding as to the requirement that ‘Public Money‘ is to be managed to a higher standard of Accountability and Transparency than Private Money. The contemporary, best-practice position in respect of the management of and accountability for Public Money being that the private sector rules are the bare minimum. That position must be at the centre of any reform of the IPLA and should be enshrined in law.
Code of Conduct
The IPLA effectively contains two limbs – the first requires that Public Officials make declarations of their income, assets and liabilities and the second requires those officials to perform their duties in accordance with the ‘Code of Conduct’ as set out in Part IV. The majority of cases brought by or Notices from the IC are directed at Public Officials who fail to make proper declarations. Is there a single case in which breaches of the ‘Code of Conduct’ were cited in making a case or an adverse finding? It is in this failure or refusal to apply those IPLA provisions that much of the current mischief in our Public Affairs is left to flourish. Some of the largest State Enterprises are functioning in breach of the ‘Code of Conduct’ and as such the Public Officials running those bodies are liable to censure. The IPLA does not contain any penalties for breach of the ‘Code of Conduct’, so that needs to be rectified. I support the Commission’s proposals to make examination of declarations optional, as that shift would release resources for a greater focus on the ‘Code of Conduct’.
Power to make recommendations
S.36 (1) of the IPLA states –
“36. (1) A person in public life or a person exercising a public function may, by application in writing, request the Commission to give an opinion and make recommendations on any matter respecting his own obligations under this Act.”
The key flaw with this power is that it is limited to cases in which the Public Official first requests an investigation and what is more, the Commission can only release its findings/recommendations with the consent of that Official. That power must be extended to all cases, with the discretion as to publication of its findings/recommendations left to the Commission. The fundamental importance of the Public Interest should not be subordinated to the agenda of obstructive Public Officials. A good example of how those powers were used recently in a positive way was the Commission’s 12 September 2014 Report on the Ministry of the Environment & Water Resources with relation to issues of alleged improper conduct in relation to the grant of Saw-Millers Licences.
Notification
At present, the Commission notifies Public Officials who are being investigated. It seems counter-productive, to say the least, that the same Public Officials who are in charge of the papers which could prove their guilt are being notified by the Commission at the start of investigations. Little wonder that the Commission has had little impact on corruption. It is emblematic of the flagrant double-standards with respect to the detection and prosecution of ‘White Collar Crime’. One can hardly imagine the courtesy of ‘prior notice’ being extended to suspected rapists or murderers. The Commission needs to eliminate that practice of notifying persons to be investigated.
Improving the impact of the Commission’s findings
The Commission’s findings and recommendations must be effectively linked with other ‘gatekeeper’ regulators – eg ‘Fit & Proper’ regulations as controlled by the Central Bank, Professional bodies, T&T Securities and Exchange Commission and the Stock Exchange. The linkages need to be backward and forward, so that the Public Interest can be upheld by better-informed regulatory bodies. I have seen notices of penalties imposed by the TTSEC in relation to various Public Bodies which have issued bonds and failed to provide timely accounts. If the TTSEC fines were paid, it would have been out of Public Money, so there would be no personal cost to those Directors for their lawbreaking. Those findings would seem to constitute a breach of the ‘Code of Conduct’, but was the Commission formally notified? – examples are in the sidebar.
SIDEBAR – Lawbreaking State Business
The SEC has made Orders in respect of Contraventions of the Securities Industry Act 1995 and the Securities Industry Bye-Laws 1997. Those Orders are in relation to the failure of these huge State-owned Enterprises to publish their accounts –
Some of the largest State Enterprises and Statutory Bodies are operating in breach of the ‘Code of Conduct’ in the IPLA, which requires at S.24 (3) that –
“(3) No person to whom this Part applies shall be a party to or shall undertake any project or activity involving the use of public funds in disregard of the Financial Orders or other Regulations applicable to such funds.”
At this time, there are no audited accounts for Caribbean Airlines Ltd (since 2008) or UDECOTT (since 2005) or Housing Development Corporation (since its inception in 2005). That is very serious since some of the largest State Enterprises and Statutory Bodies are refusing or failing to publish audited accounts as required by the published guidelines of the Ministry of Finance or their own statutes.
Declarations also to be linked
The declarations of Public Officials must also be linked to the Inland Revenue and Financial Intelligence Unit, so that they can be reconciled. With today’s information technology, that is no great task.
The Judiciary
The October 2007 High Court ruling that members of the Judiciary were exempt from the provisions of the IPLA needs to be urgently revisited. The fact is that the Judiciary has an immense amount of power and discretion which at present is being exercised outside of the framework which binds other Public Officials. It is true that judicial decisions are subject to review, but the appearance of a beneficial exemption from the Integrity Framework does not inspire confidence.
Secret Shareholding
The G20 countries recently agreed to start moves against secret shareholdings and nominee Directors. The effect of those proposed changes would be to effectively embargo Nominee Directors, Unissued shares and other ‘masking devices’ which are intended to conceal the ‘Ultimate Beneficial Owner’ of a company. Our Integrity laws need to reflect those practices.
Public Private Partnerships
The IPLA needs to restate the position that all Directors of State Enterprises and bodies under the control of the State are liable to its provisions. Of course, that would include the gigantic CL Financial.
It is critical that we get these issues right, there is no room for compromise here.
I 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 opening quotation is from the 
This remains elusive since in March 2012 the Ministry of Agriculture, Land & Marine Resources published its 
The EMBD website states that it is responsible for the development of the former Caroni lands –
Caroni Lands were leased to ex–Caroni workers as part of their 
The 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.
The Integrity Commission is continuing its efforts to revise the Integrity in Public Life Act (IPLA) to give greater effect to its anti-corruption work. I fully support those efforts.
The key challenge is to discern how Public Officials commit the corrupt acts the Commission is meant to reduce. It is therefore necessary to conduct a scrupulous examination of Commissions of Enquiry and other Inquiry (eg 
AfraRaymond.net 