Understanding UDECOTT (Part 2) Absolute Power Corrupts..
The public service is supposed to be the engine for the implementation of government’s policy. Last week, I highlighted the danger of the present strategy by the government of creating private companies fully owned by the state in an effort to bypass the legal regulatory framework that governs the public tendering process, the hiring and firing of staff via the Service Commissions, the transparent scrutiny of the Central Tenders Board and the tentacles of the Auditor general.
Dr Rowley’s dismissal over concerns about the lack of cabinet oversight over and the modus operandi of UDECOTT has thrust this matter onto the national agenda is a forceful way and it is a golden opportunity for the nation to pull the PNM back from the lurch.
The relevant issues were adequately addressed by former Chief Justice Sat Sharma in 2006 in his dissenting judgment against UDECOTT in a judicial review case brought by NH International and today, I wish to continue quoting the relevant passages from his judgment as it highlights the critical role and function of UDECOTT and supports Dr Rowley’s call for greater transparency and accountability.
Calder Hart is in charge of billions of our tax dollars and is more powerful than any cabinet minister. Hidden budgetary allocation exceeds that of most ministers. No one voted for Calder Hart, Ken Julien or Uttao Rao and it is clear that far too much power is concentrated in the hands of a few men who are able to bypass the established regulatory framework and operate outside the loop, as it were. It bears repeating that “Power corrupts and absolute power corrupts absolutely”.
65. “I must assess whether UDECOTT is performing a public duty, to determine whether this matter is one that correctly lies in public law. UDECOTT was described on the internet website of the Ministry of Planning and Development as a wholly owned State Company, which reports through the line Minister to the Cabinet and whose work for the fiscal year 2004 included the Ministry of Health Headquarters and the implementation of new activities as determined by its Board of Directors and Cabinet. Without more, this certainly suggests that there is a measure of government control, which can only imply that the UDECOTT is performing a function, which is of interest to the government, and it necessarily follows, is also of interest to the public.
66. UDECOTT “is required to obtain the prior approval of the Minister of Finance for any borrowings in respect of this Project. This is a standard requirement for all state enterprises in order that the Minister of Finance may monitor the borrowings of state enterprises”. In my opinion, this would inevitably involve some reporting to the Cabinet and the line Minister as Cabinet must be satisfied that the work undertaken by the UDECOTT on its behalf is well planned and in instances where there has been a State guarantee for financing secured, that the UDECOTT acts responsibly and adopts the principles of transparency and accountability.
68. My attention was drawn to a public document entitled “Public Sector Investment Programme 2005” (“PSIP”) which…details the public investment thrust of the Government of Trinidad and Tobago (“GORTT”) across all sectors for the year 2004 and outlines the high priority investment projects which the Government intended to pursue in 2005. Paragraph 335 of the SPSIP 2004 document details the role of the State Enterprise Sector, in it, the UDECOTT is included as one of the State Enterprises expected to play an important role in the pursuit of the Government’s developmental strategies, specifically in the implementation of the government’s housing initiative. Additionally, the document stated that the activities of the UDECOTT were in 2005 to be extended to include the construction and refurbishment of Government buildings and urban redevelopment….UDECOTT was described as a “significant agent in the Government’s Housing thrust”.
71. I am left with no doubt that the UDECOTT performs a public function, though it is a private limited liability company. There is a preponderance of evidence that assists in my conclusion, as illustrated above. The UDECOTT has an integral role in the development of the urban landscape of Trinidad and Tobago and impacts on the lives of all citizens in this regard. It would be absurd to find otherwise, and I am persuaded even more that the UDECOTT is performing a public function, which properly brings this appeal into the realm of public law.”
Next week: Final in three-part series
By Anand Ramlogan 2008-05-09
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This is another of Anand's disappointing commentaries - I think. Is there anything new in there? Anything that the average man didn't know?
Even CJ Sharma's findings about UDECOTT are elementary. Ah mean tuh say...what yuh expec' of a company set up by the State to serve State functions. Ain't such a company bong ('bound' eef yuh Anglocised) to be a public body or serving public functions. Ah mean, yuh doh need tuh be a lawyer or a judge to see dat. Come nah man!
But the absolute power of UDECOTT is the making of a political regime that knows that it has 'absolute power' - so is anybody surprised that a 'UDECOTT' exists at all? Well, probably some coonooomoonoo might be surprised. Look, allyuh know I doz call it like I see it. Daize dat. Like it or lump it!
...Firstly, I must commend Anand in enlightening the public on the make up of UdeCOTT and its functions as an agent of the Government as well as the pitfalls of its operations (modus operandi)by Hart & Co....!
...but herein lies the problem I'm having, is that there is nothing that I am aware of as "private companies set up by the government"...where these are "taxpayer funded companies" or characterised as "state enterprises", "special purpose enterprises" or for that matter whatever names the government may choose to call them, they are in fact "wholly owned state enterprises funded by the taxpayers of the country"...hence they are in some jurisdictions called.."Crown Corporations", "Crown Agencies", "State Enterprises" and arms of the government, but never "Private Companies held or registered by the Government...for themselves or by others"...they Cannot be Private if they are funded by the Taxpayers...!...
...Private Corporations are in my view, Corporations set up, registered and wholly funded by Individuals or Groups of Individuals for their own business agenda, governed by set Statutory Regulations and policies etc...!
...having said that, Crown Corporations, or Agencies or State Enterprises are "not exempt" from Statutory Regulations governing that particular Industry or Trade or Activities, except in rare cases where such exemptions and exceptions for special reasons are granted by Parliament in law...!
...so back to Hart and Manning et al...after a full month of "spin doctoring" by government ministers, Mariano Browne, - who has no problems getting information from Hart and see no reason for any Enquiry as he believes everything is above board with UDeCOTT...although his words are now fast becoming "unbelievable" in itself...!
...and Colm Imbert, who feels that he is the smartest man in good ole T&T and can interpret everybody's words better than they can themselves, yet like his boss,suffers from the same "hoof and mouth" disease and is a recognized "brown noser"...
he even going on to say that the changes by UDECOTT plans were inconsequential, from a "lecture room" to a "bed room" and he could not see the big difference...???
...so the next time he goes off to a "first world nation" hotel, they should just put him to sleep in the "bathroom" as they too had changed it from a "bedroom" to a "bathroom" so no big deal...right Colm???
...and after a whole month, Hart had the health and time to get his solicitors to threaten to sue the newspaper reporter for the e-mail, but he was out of the country and now he had the "cold" for the last few weeks, (even walking around with a bottle of cough syrup in his pocket to prove it)and now suddenly wants to hold a media session to "answer" any or all of their questions???
...and Manning, of all, the "sneaky snake oil salesman" now saying that he likes "public interaction" as it keeps government on its toes, where the opposition does not", and that a "Probe is coming" its in the works...and nobody is above the regulations...but at the same time, endorsing Hart's "extra powers and authority" to carry out the things that has to be done???...and that the same Hart only reports to him only not to the inline Ministers???since when is Manning the Government in itself? Is this Dictatorship or what? why else does he have in line Ministers??? to do what??
...but why now after a whole month of "spin doctoring" by his ministers to no avail...why in the midst of the CXC scandal and and suddenly "fast fingers" cheque writer Mariano Browne bringing up the topic of the "Jet Purchase" and the funds to CA being returned, but the need to buy a jet is not off the table, just put to the back burner for now...???
...so the reason I said "beware of the Red Herrings" by Hart, Manning and his Minister cronies, is that it smells to high heaven that something is in the wind, they're up to something, and this is all to distract and confuse the public away from the real issues surrounding Rowley's firing and the real reasons behind it...we'll never ever find out from any of them, Manning, Hart or Saith or Imbert or Hazel et al except by public enquiry...!
...so look out for some "Wishy Washy" answers by Hart, he's a Pro at it, and some cursory "probe" by Manning just like the one he did on Rowley - no names or answers, but he came to a "verdict", so now a "probe" to which he has already said that he is fully satisfied with Hart and the performance of UDECOTT, so what Probe? by whom? and what are the mandate?
...beware of the Red Herrings to stray us away from a full public enquiry thats needed to provide full answers to this ungodly episode from Pastor Manning and his ilks...!
... nothing short of a Public Enquiry would suffice, anything else is "spin doctoring" by Manning and his cronies...and "Red Herring" being thrown in the way to keep us away from the real answers of the activities by Hart, UDECOTT and the Government of the day...Manning included...OK???
...keep an eye on it...good luck ...
...Trini.t.o.o
I call it sneaky when a State sets up a special Company - a separate 'legal person' - and then the State becomes the sole shareholder, and then the State takes a major role in nurturing and providing big breaks to the Company so other State funded organisations can 'benefit'.
Well yes, the State has ultimate power to pass law and to do as it pleases. We can't say that the State has acted illegally in setting up UDECOTT. However, that is not the real issue.
The real issue is the nature of what appears to be going on - the need to sack Rowley on very strange grounds and the need to railroad the JSC into this. Ahm...excuse me dey tah...I wasn't born yesterday. We have to respect the common sense of average reasonable people. Something very sneaky and fishy going on - and dem fellas tryin' all kind ah monkey tricks to get out of it. Dey in a real monkey pants.
...You right Captain, dey in a real monkey pants now...! I think they (the PM and the PNM) got caught between a rock and a hard place on this one and now the "squeeze play begins", for real, for all the marbles...!
...the people also have now come to realize that enough is enough, and with all the daily crime, no food, no water, no beds in hospital, no medicine, no services but increase in prices, they are now becoming fed up and realize that Manning just giving away money all about the place and they suffering for just about everything...!
...they also have come to realize that after all the pressure they put on Manning and his cronies and he backed away from the "Jet Plane" he was planning to buy, and now this thing...he drop this on their plate...not food, but this collosal and obscene waste of their money and patrimony...!
...the UDECOTT and Calder Hart "Billion Dollar Boondoggles" that get dumped on them that they just can't stomach anymore...!
...so the time has come for them to stand up to Manning and his cronies, once and for all, and no backing down or backing away...from the Public Enquiry...!...
...it must come about, the Public Enquiry that is, it is the only viable and real solution for them...anything less is unacceptable...no toothless JCS to pacify the people...its a sham...a fake...a time consuming venture into futility...and a distraction from the real issues that are happening with UDECOTT and the gang...!
...so now, the Hart and Imbert and Browne and Michael Anisette and Dick Forde all the rest of the "mickey mouse gang" now getting fidgety and scrambling like rats in a water barrel, drowning and grasping to straws just to survive...the JSC is their continued hope to survival...thats exactly what they would like to happen...it will take years and years of massive red tapes and gross inefficiency by the JSC to produce nothing in the end, so thats what they are hoping for...!
...the public enquiry is the only relief the people must look forwards to, and stick to their plan...this time around...make Manning listen...the people have a right to be heard and he must listen...and all the spin doctoring by Imbert and the gang won't change it around this time...the pendulum has swung too far...and its about time the people hold them responsible and accountable for their actions...everyone down to the last one standing...!
...so yes, Captain, they are all in a monkey pants alright..."they reach" this time...but this is Trinidad you talking about, and anything is possible in Monkey Land, but this monkey business must stop once and for all, so this is not the end yet...its not over yet, there's lots more to come, not till the "Fat Lady sings", thats when...ok?
...but then I hear there is more Press & Media briefing to come on this soon, so more spin doctoring by Imbert and Browne and Dick Forde and the rest of the gang...so wait for more coming attractions on this comedy of errors???...!
...looks like its getting too hot in the kitchen, soon its going to be every man for himself...the chief cook took off to Peru and left the Assistants behind to face the music, but the wait till the "real thing" hits the fan...and soon too...its falling apart daily - you can see it coming, its only a matter of time...if the people wants it, they can taste it, now is the time...its in the wind, its in the air, you can smell it too, if only the people stick to it this time, .....its here, it will happen....!!!
...goodluck..Trini t.o.o
This 'off to Peru' thing is probably coincidental but yet another show of power. Yuh know, "we eh worried 'bout nuthin'" - kinda t'ing. He's done it before. Remember the trip to Africa? Well images of dark shades and men exiting private jets mus' be still big on he mind - eh, while dee blasted country being run into dee grong.
Ah tell yuh what going on - ah bet yuh dem fellas shredding documents and hard-drives left right and centre. So, yuh pardners only pullin' a stunt tuh buy time. If/when a Commission of Inquiry (or whatever) comes, what dey findin'? All dey seeing breds is what dey could find - and daize dat.
But you have to wonder about the value or power of Commissions of Inquiry anyway. Look at the findings made by the last Inquiry in to the Health Services- which practically condemned the state of the Nation's health services. Anyt'ing happen(ing) with those findings? Dem fellas mus' be wipe dey arse wid dee report, because me eh see no big improvments happen since dee report. An buy dee way, did dee public get to see dee report's findings in full? Are dee public interested? Doh leh me start.
Now you have dee Auditor General t'inking of jumpin' een - and the JCC in the wings calling for Bob Lindquist. Well pardners dey like headless chickens, in a monkey pants - not a pretty sight.