Tag: transparency

Board Games again

SIDEBAR: The EFCL issue

The Board of EFCL was reported to have dismissed its CEO after he failed/refused to comply with their directions in a certain matter. There are allegations reported that the Cabinet attempted to direct the EFCL Board, which raises the perennial issue of the nature and extent of Cabinet authority over State Enterprises.

From both the Companies Act and the recent High Court/Appeal Court rulings in the eTECK matter, it seems clear to me that the Board of Directors have fundamental responsibility for the direction and control of the company. That is the legal position, but it seems that our fundamental political culture and conduct is in real conflict with notions of independent professional responsibility.

The State Enterprise sector is once again the subject of public concern on the good governance issues of accountability and transparency. Where does the power lie?

The two most striking issues emerging recently are the declaration of new accountability targets for State Enterprises and that the ‘EFCL Board fires CEO‘, reportedly in defiance of Cabinet directions.

The Accountability and Transparency Deficit is the first issue and it needs to be put into a timeline to illustrate the reality. Continue reading “Board Games again” →

AUDIO: “On Point” on Boom Champions 94.1 FM talking about corruption

94logoI did an excellent radio show with some vibrant young colleagues from TTTI on the morning of Sunday, 13 November 2016 on Boom Champions 94.1FM.  The topic of discusson was “Sweet T&T or corrupt nation?: Revealing the truths on a corrupt state of affairs. Audio courtesy Boom Champions 94.1 FM

  • Programme Date: 13 November 2016
  • Programme Length: 01:30.50

Parts 1-5

Private State?

In Privacy Pros and Cons, I considered the Parliamentary debate around the recent SSA Amendment Bill. Most of that debate seemed to be concerned with the limits on the rights of citizens to privacy, but my concern was that there was precious little comfort being offered in terms of the secret conduct of our public affairs.

If we are to evolve to developed nation status it is essential that the State seriously reform its culture of obscurity and secrecy, that is the contention I am advancing here. Continue reading “Private State?” →

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” →

CL Financial bailout – Duprey’s Story: SIFI vs PIFI

Artwork by NiCam Graphics

On Sunday 22nd May 2016, the front-page story in this newspaper was headlined ‘We will pay it back‘. That article featured very interesting quotes from former CL Financial Executive Chairman, Lawrence Duprey as well as the Minister of Finance & the Economy, Colm Imbert, on the prospects for repayment of the huge sums of Public Money spent on this CL Financial bailout.

Duprey claimed to have made a formal proposal to the State to repay taxpayers and all stakeholders who are owed money, while insisting that the amount owed was yet to be determined. The failure or refusal of the State to publish any audited statements in relation to this CL Financial bailout appears to be impeding the discussions as to a settlement of this massive debt. The sidebar contains a summary of how the Public Money spent on this bailout has grown from the initial 2009 estimates of $5 Billion to a 2016 figure now said to exceed $24 Billion. Continue reading “CL Financial bailout – Duprey’s Story: SIFI vs PIFI” →

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” →