Constitution on vacation

Resignation of the Speaker of the House of Commons in the United Kingdom is a timely reminder of why the Westminster system of parliamentary democracy is ill-suited for Trinidad and Tobago. As a former British colony, its adoption is historically understandable, but it is meant to work and function in a society that is politically mature, where Parliament is, indeed, the highest court in the land, and where intelligent and meaningful debate takes place in the public interest. The Westminster model cannot work in a racially based, tribal system of politics where political immaturity supports and condones political absurdity.

Thus, Finance Minister Tesheira remains immovable, despite the Clico cloud of doubt and suspicion hanging over her head, and Martin Joseph’s abysmal failure as Minister of National Security appears to have impressed Prime Minister Manning so much, that he has never once hinted at his removal or demotion, despite a recent Cabinet reshuffle. In the Westminster tradition, both these ministers would have had to resign. In our system, they flourish.

Incompetence is rewarded, and clever manipulation of the facts to obfuscate seems to earn the admiration of the Prime Minister. There are no receptive minds to persuade in Parliament. Everyone simply follows the party line. It is party before Parliament and country.

PM dictate
The sense of personal responsibility is absent from our politics. Personal “moral and spiritual values” are outweighed by the PM’s endorsement and condonation, no matter how wrong you are. What informs and sustains one’s tenure in office is the desire and dictate of the PM, as opposed to public sentiment and judgment. The evaluation of one’s performance by the PM is of paramount importance to the exclusion of critical assessment by the masses. President Richards can, therefore, ignore the groundswell of public opinion against him, because PM Manning has probably told him not to bother to return, as this could only add more fuel to the already raging fire that is threatening to burn and badly scar his presidency. To continue with his vacation in the face of this unprecedented constitutional crisis demonstrates contempt for the constitution and people.

Deadline for filing annual declarations with the Integrity Commission is the May 31, and there is no commissioner in place to extend the time or pursue defaulters. The fact that Danny Montano, a former PNM minister and well-known hard-core supporter, is acting as president, can only further undermine the perception of political influence and interference in the process of appointing a new Integrity Commission. There are only a few situations where the constitution gives the President an absolute power to make appointments in his own deliberate judgment. Such instances are exceptions to the norm, as the President normally acts on the advice of the Cabinet or PM. Against this backdrop, it can easily be said that “ignorance of the law is no excuse.” The President would surely have researched his power under the constitution and familiarised himself with the instances when he is called upon to act on his own. In the circumstances, the subtle pointing of fingers at his appointees to the failed Integrity Commission is sad. How does the need for greater “self-assessment” explain the last-minute “flip-flop” over the appointment of Justice Hosein as vice-chairman?

Best example
Since Fr Charles confessed to plagiarism, how did the President manage to comfortably ignore this conspicuous shortcoming and appoint him chairman? “Resigning,” one letter writer sarcastically stated, “was not a Trini thing.” She is correct. The concept of personal responsibility and accountability is sadly replaced by the political umbilical cord that connects the ministerial and other public officials to their beloved father of the PNM. Society is subservient to party. The need for genuine constitutional reform is urgent. However, you cannot legislate a culture of competence and integrity. Much more will be needed to create a culture of trust between the people and their elected representatives and the holders of high public offices. Leading by example is the best way to purchase public confidence. If President Richards should resign, this would be a step in the right direction and act as a catalyst for meaningful change. It will enhance the office of president. To do otherwise will conversely damage the creditability of the head of our state and the office of president.

By  Anand Ramlogan