"I am waiting with bated breath" were the words used by Farley Augustine as he responded to Tracy Davidson-Celestine's announcement of her intention to initiate pre action protocol letter against him. Augustine addressed the issue via a live on his Facebook account and indicated that having spent 3.428 million of the allotted 4 million dollars, Tobagonians were yet to see what these monies were spent on.
Augustine also rubbished the notion that members of the PDP met with the UNC over the weekend and indicated that it was a desperate move by the PNM to hold unto power. He noted that it was all made up claims, seeking to engender racism, xenophobia and hatred to others among the population, in a hope to win an election that is not yet to be completed.
He further indicated that the press conference should have been called to treat with the issue of why Kwesi Des Vignes is still employed as a Secretary in the THA after he lost the Providence/Mason Hall/Moriah seat to new comer Ian Anthony Pollard.
These responses came as the PNM earlier this morning accused the PDP of meeting with the UNC following the passage of the THA bill and the promise by Davidson-Celestine to issue pre action protocol letter against Farley Augustine
GOVERNMENT’S AMENDMENT TO EXISTING TOBAGO ARRANGEMENT REQUIRES A SPECIAL MAJORITY.
In constitutional law, a rule of thumb is that a right is inviolate and to diminish it requires a special majority vote in the Legislature unless the Constitution provides an allowance.
With the election to the THA, a member acquires a proprietary right to serve out a four year term under the THA Act unless this is diminished under the provisions of that law.
In the event of a stalemate as in the case of a tied election, the convention is that the elected and sworn Assemblymen can continue in executive power, as is the case, until the money voted for the administration of Tobago runs out. The doctrine of necessity would then become applicable with Central Government taking responsibility for administering the affairs of Tobago from Port of Spain.
In the interregnum, the national Parliament may amend the THA Act to break the deadlock and governance conundrum but only to the extent that it does not alter individual rights of anyone affected by such a measure.
As stated above, on election and taking of oath an Assemblyman acquires proprietary rights to serve out a four year term as a member of the Assembly. To alter this constitutional arrangement the Assemblyman must in relation to him give up the right by resigning, or the measure must be enacted by a three fifth’s vote in the Parliament.
I’ve heard the Attorney General advocate a simple amendment to increase the number of seats to fifteen by altering electoral boundaries. He is dead wrong and short sighted here for to do so would be to diminish the right of every Assemblyman to a one twelfth share in the power devolved upon the THA by law. Contrary to this wrong statement of law, his measure will require a special majority during the life of the Assembly.
The parliamentary Opposition will not support his proposed measure which is dead on arrival despite his public bravado.
The measure will be passed without the special majority, and struck down by the Privy Council as I do not expect the Archie Court to rule against the PNM government by holding the matter for filing until it falls for assignment to a ‘safe judge’ when it will be then received, filed, and so assigned. Such is the apparent modus operandi and abuse by systemic manipulation of the administration of justice in favor of government.
We are in a Trump-like governance period in Trinidad and Tobago and citizens need to be vigilant of back door horse-trading between different arms of the State. I was once in the system in both Executive and Judicial arms of the State, and seen it play out before my eyes as the so-called rotation system was manipulated to place politically sensitive matters before me, or have them removed from my adjudication.
God bless those of us with the fear only of God to continue keep the flame of truth alight.
You think you could go into England and say you got law ,you mad oh mih Lord, England got more law more than Trinidad ,oh Lord". Those are lyrics from the mighty Power's hit Calypso .It is instructive that the PDP has made a tactically brilliant move by hiring two English Queen's counsels to fight their case regarding the tied THA elections.
At present, England ranks high in Juris Prudence ( the practice of law) .The English developed their law based on the knowledge they acquired from African civilisations in Egypt .So the PDP seems to be well prepared for the court battles ahead.
At different points in the history of humankind a leader rise up to move a people in a new direction. When the world needed a new spiritual direction Jesus came to planet Earth with the message of' Peace and Goodwill to all of humankind". When India wanted freedom from British colonialism Ghandi rose as the leader of the Indian Independence Movement and ignited the pro_ Independence movement throughout the British Empire. Then it was Mandela who took on the might of the racist regime in South Africa. While Martin Luther, Stokely ( Kwame) and others led the battle for African Americans human rights. Our own Buzz Butler and Daaga fought in different eras for a better TT.
Today in Tobago ,the vision of one man Watson Duke has created a vehicle ( PDP) which has attracted a cross section of Tobago Ian's including the brilliant Farley, Dr Faith, Tashia, Bro Baynes, Joel and others.
Although the PNM retains power in the THA, one could feel a growing discontent among the Bago masses and this include some of the thinking PNM supporters.
Now the PDP has decided to heat up the action by calling for a biblical styled seven time March around the THA a.l.a Jehrico. This is another master stroke by the PDP which will connect with the population. Surely, independent candidate Tony Hector must feel a sense of satisfaction knowing that he was planning to March around the THA on the eve of the elections.
THE Elections and Boundaries Commission (EBC) must wait for the proclamation of the Tobago House of Assembly (THA) Amendment Bill 2021 as law, before it can begin any exercise to increase electoral districts to 15. The three additional seats is proposed by Government as necessary to facilitate a fresh THA election to break the six-six deadlock which occurred on January 25. The assembly currently has 12 electoral districts.
On Saturday, EBC corporate communications manager Bobbi Rogers said the commission cannot make any change just yet, although the bill was passed in the House of Representatives on Friday with a government majority vote of 21 to 18.
"We have to wait until, of course, the bill is debated in the Senate and there is proclamation and passage," Rogers told Sunday Newsday. "That is when we move into effect. There isn't anything that can be done before then."
Senior government officials on Saturday said the Senate is due to debate the bill on March 2, where it needs a simple majority for passage.
In the House on Friday, the Prime Minister said the legislation is proposing that the minimum period to call a new THA election will be two months.
Asked whether the EBC would be able to do the work required to create boundaries for three new districts in Tobago and submit a report to Parliament in a shortened period, as required by the bill, Rogers replied, "We're no stranger to operating in limited time-frames."
She said the life span of an election cycle is 35 days and "sometimes we have just 35 days in which to get everything done." The EBC has the resources to undertake its remits as outlined in the Constitution, she said. "When we do indeed get the instructions from Parliament to forward, we will be ready to do the work that is necessary."
PNM Tobago Council leader and assemblyman for Lambeau/Signal Hill Tracy Davidson-Celestine briefs the media at the Assembly Legsialture Chamber, Tobago House of Assembly, Scarborough on January 28. Chief Secretary Ancil Dennis, left, and Canaan/Bon Accord Clarence Jacob assemblyman are alongside the Tobago PNM leader. Government is seeking to increase the electoral seats to 15 after a six-six tie in the January 25 THA election. File photo -
She recalled the THA report was laid in Parliament on September 8, 2020. "By legislation, there is a two-year period that we have to put forward that report," she said.
The amendment to the THA Act and to the EBC Bill, she said, "will give us the guidelines under which we have to operate."
Reiterating that passage and proclamation of the bill are critical before the EBC does its work, Rogers said, "Then there is the instructions given to the EBC and then the EBC mobilises."
A previous 2019 EBC report showed that Tobago East had 22,730 eligible voters while Tobago West had 27,197 for a total electorate of 49,927 voters.
Before the January 25 THA election, the EBC said 51,062 Tobagonians were eligible to vote. Of that number, 26,385 people voted and the voter turnout was 51.84 per cent. While they tied in terms of seats, the PNM won the popular vote with 13,288 votes to the PDP's 12,798 votes. The PNM and PDP have been unable since then to agree on the election of a presiding officer for the THA. The PDP on Friday sent a pre-action protocol letter to the clerk of the assembly calling for lots to be drawn to select a presiding officer.
On Saturday, Opposition Leader Kamla Persad-Bissessar maintained the UNC's objection to the bill's passage and any new THA election being held. In a statement, she said, "We in the Opposition join our voices with strong notable voices from in and out of Tobago, to let the population understand that the current law provides a solution to the deadlock without having to go back to the polls. She listed "the PDP in Tobago, Tobago arm of the Chamber of Industry and Commerce as well as several independent writers" among those who support the UNC that "a new election is not the way to go." Persad-Bissessar reiterated the solution was to use the Standing Orders of the House to "prescribe the method for breaking a deadlock through the drawing of lots."
On Friday, Dr Rowley said the Opposition Leader knew there was no provision in the law that allowed for the drawing of lots to elect a presiding officer. He also said Persad-Bissessar showed in her earlier contribution she was confused about the role of the THA's presiding officer to that of the Speaker of the House.
OWNERS of villas and self-catering apartments have enjoyed a good Christmas season but hotels and guesthouses continue to struggle.
Chris James, president of the Tobago Hotel and Tourism Association (THTA), told Newsday on Wednesday, hotels are showing an average of 22 per cent occupancy while guesthouses are slightly less at 21 per cent. He said, villas and self-catering apartments are doing better at 30 per cent with a peak of 74 per cent. This is for the five-day period between Christmas Day and New Year's Day.
Bookings are still coming in late with guests making reservations for shorter stays and James hopes these figures improve. However, James said a number of guests have already started postponing reservations.
James, who described 2020 as the worst year for tourism and hospitality worldwide, said because of the covid19 pandemic’s severe impact on Tobago’s tourism sector, hoteliers had gone into and will remain in survival mode going into 2021.
Tobago Hotel and Tourism Association president Chris James. -
Tourism is the main revenue earner in Tobago's economy with approximately 5,000 employed in the sector. James hopes 2021 will be a year of healing for the island as it refocuses on revolutionising its tourism product. His wish for the new year is that the government will consider THTA’s “urgent” proposals to assist hoteliers.
Martin George, chairman of the Tobago Chamber of Commerce, also told Newsday 2020 will be remembered as a trying year for Tobago businesses.
Business community resilient
He commended the Tobago business community for its resilience and hopes the economy can return to a level of normalcy so that there can be more business activity. He said businesses are hoping to recover even though another challenging year in 2021 is anticipated.
James said Tobago’s tourism sector has suffered for several years with occupancy and rates dropping to half of the regional average. And from the beginning of 2020 Tobago was already financially weak.
He said, “Covid19 arrived and the industry suddenly had no income and ongoing costs to maintain and secure our properties. The original bank moratorium helped as did the employment relief grant. The improvement grant now being distributed will help freshen up properties and the Business Development Unit (offered by the Division of Finance and the Economy) grant has helped others outside the accommodation sector.”
James lamented how stressful it has been for tourism stakeholders as many of them were forced to close their doors after going weeks without a visitor. And despite efforts to attract Trinidadians with significantly reduced accommodation packages, occupancy rates fluttered between zero and 20 per cent, James said. It wasn’t until November that the accommodation sector reported a slight spike in bookings for the Christmas and New Year’s period.
To help Tobago hoteliers cope with the effects of covid19 restrictions, in March, Minister of Finance Colm Imbert allocated $50 million for upgrades to facilitate a better guest experience when borders reopen. During the downtime, Tobago tourism stakeholders also engaged in virtual training sessions hosted by the Caribbean Public Health Agency (CARPHA) on ways they can create an environment that will make their product or service safe for guests and employees.
In the second week in December, the Tobago Tourism Agency Ltd concluded a seven-day virtual tour and training sessions with UK travel agents. This initiative is expected to give Tobago a better chance on the travel market.
Use downtime to add value
In late November chairman of the Mt Irvine Bay Hotel Jacqueline Yorke-Wescott advised hoteliers to use the downtime to add value to their product. She was speaking at a virtual panel discussion on preparing for the reopening of the tourism sector where she encouraged hoteliers to “invest in your people and restructure your business… In a nutshell, pivot.”
James told Newsday, “The problem we have now as an industry in Tobago is the borders are still understandably closed. We have a much-reduced demand from visitors from Trinidad and individual businesses have high levels of debt.
“The THTA has an ongoing marketing initiative TobagoLime.com; the membership has been fully trained through the THTA and CARPHA covid19 training but we are all concerned about survival.
“THTA has requested that the standing committee on tourism be reconvened so that we can sit down with government/THA and find solutions. THTA has a number of proposals that have been put forward to the government/Tobago House of Assembly which are urgent. So hopefully early in 2021, the committee will be called and we can work together to not only save what we have but expand and build for a brighter future."
Hopeful vaccine will help remedy situation
For Tobago Chamber of Commerce, the arrival of a vaccine will “ease the fears of covid19 and would increase confidence in travellers and visitors that will allow the government to take a fresh look at reopening our borders so we can once again welcome international visitors.”
Until the government gives consideration to the reopening of the borders, George said the Tobago business community will remain thankful for the opportunity to still operate following covid19 guidelines.
“We are thankful for all the Trinidadian visitors that took the time to come across to Tobago and who have shown their support to us and our businesses. We appreciate them and we encourage them because they actually form the bedrock of what is our tourism industry on the island.”
He remains optimistic things will get better. “The point is: tough times don’t last, tough people do. We are resilient and we will see this through but at the same time we are counting on the government to give the infrastructural and developmental support and the overarching business climate business facilitation that is necessary for success.”
Fire destroys home at King Peters Bay Road Tobago. At 1:00 p.m yesterday, a fire destroyed the home of a 39-year-old man at King Peters Bay Road. CERT has conducted a Preliminary Damage Assessment (PDA), and the TTFS is investigating the incident.
