Chief Secretary Responds To Ramlogan

Chief Secretary, Orville London

The Chief Secretary of the Tobago House of Assembly will not be bullied by the Attorney General, Anand Ramlogan who continues to use his office to try to intimidate the THA and to persecute the Chief Secretary.

The Attorney General's unwarranted attack on the THA and his suggestion that he will take the Chief Secretary to court if the Chief Secretary does not in one week produce the documents surrounding the Administrative Complex for the Division of Agriculture, Marine Affairs, Marketing and the Environment to the Minister of Finance is not just flawed in law but another example of the Attorney General using his office to try and intimidate the Assembly and the Chief Secretary.

The Attorney General's latest attack comes a mere three days after the Minister of Finance, who sits in the same Cabinet as the Attorney General, wrote to the THA in which he accepted that putting together the documents will take some time and that there was a need for completeness.

The Minister of Finance wrote to the Chief Secretary saying: "I appreciate the need to ensure that the Assembly acts appropriately and with some degree of completeness with respect to its response in this matter and I look forward to receiving the information as soon as it becomes available."

The Chief Secretary wishes to state categorically that at no time has the Assembly delayed in handing over documents relating to the Administrative Complex for the Division of Agriculture, Marine Affairs, Marketing and the Environment to Minister of Finance Larry Howai.

While the Minister of Finance is in no position in law to demand that the documents are handed over, the Chief Secretary and the THA feel that due to the public debate on the matter it will be necessary to make the document available to the public and by extension to the Minister of Finance.

The Chief Secretary assures the people of Tobago and the people of Trinidad and Tobago that as soon as the documents are ready they will be provided to the public so the people of Tobago and Trinidad will see for themselves the details of the project and the Minister of Finance will also be provided with the documents.

It will be irresponsible of the Chief Secretary and the Assembly if they were to produce an incomplete dossier for the Minister of Finance and the general public as a result of undue haste. The reality is that the project took three years to be negotiated. Therefore there are many documents that are pertinent to the transaction that would have been prepared and exchanged which have to be identified and made available.

In that context the public officers in the Assembly are working with diligence to prepare all the documents for the Minister and Finance and the public and no amount of bullying or innuendo by the Attorney General will change this fact.

reproduced by from THA official site 

Ramlogan Threatens London with Legal Action

Attorney General, Anand Ramlogan

In a story carried by the express, Attorney General Anand Ramlogan has threaten the Tobago House of Assembly Chief Secretary Orville London to submit documents pertaining to the Milshirv project and the aquatic centre project to  the Minister of Finance Larry Howai. 

Ramlogan stated that his request must be satisfied within a one week period or else London would be taken to court under the Freedom of Information Act, in an effort to compel him to release the documents. The Attorney General further tries to bully his way as usual by stating if he is "forced" to issue legal proceedings against London, he (Ramlogan) would also be forced to invite the Court to order London to pay the Legal costs personally out of his pockets as opposed to it coming out of the THA coffers. 

Ramlogan said he was giving London one more week because he did not want it to be said that "we are hounding Mr London or acting in an aggressive manner against him". "I am repeating the call to him through you (the media) to behave in a responsible and mature manner and disclose the documents or else face the consequences," the Attorney General stated. 

Last month Howai wrote London giving him seven days to submit the documents pertaining to the two projects. London in a press briefing stated that Howai, has to wait a little longer than his seven days stipulation. London further stated that under the laws and the T&T Constitution the Finance Minister has no authority to instruct him to provide information to him within any timeframe.

Further, London indicated that in the interest of public disclosure and due to the considerable discussion that surrounded the transaction he has a responsibility to make the information available to the Minister as well as the general public.

However, even with these assurances, the Attorney General seeks to take draconian measure  against the Chief Secretary and more so Tobago House of Assembly. 

This boldface, daring, audacious and irresponsible use of power against the Highest institution of the people of Tobago must be condemned.  If the Minister does not have the "Powers" to instruct the Chief Secretary, that Minister, be him Howai or any other must wait for the provision of documents, given that explanations are forthcoming and it is done in a reasonable time.  There must be no support for the PP Government carrying the Tobago House of Assembly to Court, given that the documents are already submitted to Integrity Commission and as such an investigation can be pending or might be ongoing. 

As a result of Ramlogan's action, we must conclude therefore, that the Attorney General is NOT interested in transparency and accountability as he is purporting, rather he is interested in Politicking and his urgent quest for information is only to actively assist and satisfy the PP in their witch-hunt for political reasons or ends to damage the PNM as heavy campaigning for votes is soon to begin before the THA election.

Let the Attorney General be reminded that we the citizens of Tobago are watching their (PP) every move as it relates to Autonomy  of the office of the Chief Secretary,(note not the person) and any attack on the Office would be met with great displeasure, discomfort, resistance and aggression from the people of Tobago. 

In a previous post, London said he wanted to make it very clear that the decision not to submit the documents within seven days to Howai was by no means meant to prevent the information from being made public; "Quite the contrary, we want to ensure that at the same time the Minister has the information, the public has the information," London added.

THA VINDICATED

The onslaught from the Peoples Partnership (PP) came fast and furious in the MILSHIV project undertaken by the Tobago House of Assembly (THA). Sport Minister Anil Roberts was the first to launch a scaling attack of words alleging corruption and wrongdoing by Chief Secretary Orville London in the Parliament during the 2012-2013 budget debate two weeks ago. Like if that was not enough, the Prime Minister took her punch in a bid to finish off the THA and ultimately secure a winning spot in the THA election carded for January 2013. The prime Minister threatened to stop the project and advised that she had referred the matter to the Attorney General Anand Ramlogan for swift investigation. Anand last week wasted little time and attempted to finish off what was left of the THA in this matter. He indicated that he had referred the matter to the Commissioner of Police, the Integrity Commission and the Office of the Director of Public Prosecutions (DPP), all without getting the full facts of the matter at hand. 

However, the THA looked bullet proof. The Chief Secretary stating emphatically, that they have nothing to hide and that the MILSHIV project was above board. But even as the Government was eager to question the legality of the matter in a hope to score cheap political points ahead of the THA election the acting president Hamel Smith gave his support for its legitimacy. The express stated that in a six-page legal opinion commissioned by AIC Capital Market Brokers Ltd, dated January 3, 2011, Senator Hamel-Smith confirmed the ability of the THA to enter into the arrangement, saying there was no law restraining the THA from entering into a lease/leaseback arrangement to develop the Milshirv Administrative Centre for Education, Sport and Youth purposes. the express further stated that in arriving at the decision, the law firm consulted the THA Act Ch 25:03 extensively and investigated several pertinent international cases, which sought to determine whether entities such as the THA had the authority to enter into similar arrangements without breaching the law. 

However, the PP government continues to witch hunt although given the advice to move forward. They continue to maintain that the THA has broken the Law, all in a hope that something may eventually present itself and give them leverage in the THA elections 2013. 

The express stated that in summarising its "advice", Hamel-Smith told the AIC that since the THA has responsibility for education, sports and State lands in Tobago and is required to formulate and implement policy in relation to such responsibilities, leasing the said land can be considered to be an extension of such powers, or alternatively, incidental to such power.

Further, Hamel-Smith added: "Indeed as there is no express prohibition disallowing the THA from dealing with the land vested in it, and the THA is permitted to enter into such contract as it deems fit for the discharge of its functions, leasing and leasing-back the property with the view of acquiring an administrative centre to be used for education, sport, and youth purposes may well be considered within the powers of the THA and, in any event, incidental to such powers."

Hamel-Smith took special note of the THA's responsibilities as enunciated in Section 25 of the Act, which stated among other thing that the THA may "enter into such contracts as it deems fit for the efficient discharge of its functions".

The lawyers pointed out as well that Section 54 states, inter alia that all lands and other property of every kind located in Tobago vested in the State except the residence of the President and Prime Minister, are to be vested in the Assembly in right of the Republic of Trinidad and Tobago.

The opinion signed by the acting President made it clear that "there is no express prohibition on the THA restricting its ability to deal with its land", and that the "THA is given wide powers to enter into such contracts as it sees fit for the discharge of its functions"

Chief Secretary replies to Attorney General

Attorney General Anand Ramlogan is "insensitive and out of place" to vilify the THA Chief Secretary Orville London for his repeated requests to Prime Minister Kamla Persad-Bissessar for a meeting to discuss the critical issue of self-government for Tobago.

A statement today (Tuesday 24th July 2012) from the Office of the Chief Secretary said the Attorney General should be informed that Clause 31 of the THA Act No 40 of 1996 states: "The Prime Minister and the Chief Secretary shall hold regular discussions with the view to formulating administrative and legislative mechanism for the promotion of harmony in the affairs of Trinidad and Tobago."

The statement added: "There is no doubt that the present process for internal self-government is the most important 'administrative and legislative' issue facing the people of Tobago, in recent times." It said: "The process also has significant potential for either the promotion of harmony or the creation of disharmony in the affairs of Trinidad and Tobago.

"In the circumstances the Chief Secretary does not only have the right but has the responsibility to seek a meeting, or many meetings with the Prime Minister so that the issue of internal self- government could be resolved in the interest of the people of Tobago and the rest of the country.

"The Chief Secretary wishes to reiterate that contrary to the statements of both the Prime Minister and the Attorney General, he has never attempted to bully the Cabinet into accepting the Tobago generated Bills," it said.

In fact, in correspondence to the Prime Minister dated 15th December 2011, the Chief Secretary said: "The Tobago House of Assembly does not have the authority to take the process any further. However, Tobagonians are aware of your Government's stated commitment to the provision of internal self-government to Tobago; and they are confident that you will initiate and guide the necessary process for the achievement of self-government, consistent with the aspirations and recommendations of the people of Tobago."

In another correspondence dated 12th March 2012, the Chief Secretary said: "Madam Prime Minister, the Government's decision to ignore the Bills submitted on behalf of the people of Tobago is unjust and could prove to be counterproductive. I concede that the Cabinet does not have to agree with nor give support to the recommendations contained in the Bills. However, I am convinced that the views of the people of Tobago should be placed in the public domain for discussion, debate and final resolution. Any other option could only lead to unnecessary conflict and confusion, at a time when we have the opportunity to resolve this long standing issue."

The statement added that the Chief Secretary and members of the Tobago House of Assembly were elected by the people of Tobago in a transparent and democratic process and their mandate was to do all that was necessary to develop the island and to improve the quality of life of its residents. "As Chief Secretary I will be betraying this mandate if I were to allow the Office of the Chief Secretary to be deterred from carrying out this responsibility," the statement added.

Last week London forwarded copies of almost 6,000 signatures of Tobagonians to the Prime Minister, the Attorney General and the Chairman of the Law Reform Commission requesting that the Bills be put into the public domain for discussion.

 reproduce verbatim from  the Tobago House of Assembly News.