397 Letter of Sympathy Tuesday March 15, 2011 SENATE Tuesday, March 15, 2011 The Senate met at 1.30 p.m. PRAYERS [MR. PRESIDENT in the Chair] LETTER OF SYMPATHY (JAPAN TRAGEDY) Mr. President: Hon. Senators, you will be aware of the tragedy that has occurred in Japan relative to the earthquake, the tsunami and now the question relating to their nuclear reactors. I propose, therefore, on behalf of this Senate to send a letter of sympathy to the Ambassador of Japan and the people of Japan. I propose, therefore, that in your name, such a letter be sent. Thank you. [Desk thumping] LEAVE OF ABSENCE Mr. President: Hon. Senators, I have granted leave of absence to Sen. The Hon. Vasant Bharath who is out of the country and to Sen. Helen Drayton. SENATORS’ APPOINTMENT Mr. President: Hon. Senators, I have received the following correspondence from His Excellency the President, Professor George Maxwell Richards, T.C., C.M.T., Ph.D.: “THE CONSTITUTION OF THE REPUBLIC OF TRINIDAD AND TOBAGO By His Excellency Professor GEORGE MAXWELL RICHARDS, T.C., C.M.T., Ph.D., President and Commander-in-Chief of the Republic of Trinidad and Tobago. /s/ G. Richards President. TO: MR. RABINDRA MOONAN WHEREAS Senator the Honourable Vasant Vivekanand Bharath is incapable of performing his duties as a Senator by reason of his absence from Trinidad and Tobago: 398 Senators’ Appointment Tuesday March 15, 2011 [MR. PRESIDENT] NOW, THEREFORE, I, GEORGE MAXWELL RICHARDS, President as aforesaid, in exercise of the power vested in me by section 40(2)(c) and section 44 of the Constitution of the Republic of Trinidad and Tobago, do hereby appoint you, RABINDRA MOONAN, to be temporarily a member of the Senate, with effect from 14th March, 2011 and continuing during the absence from Trinidad and Tobago of the said Senator the Honourable Vasant Vivekanand Bharath. Given under my Hand and the Seal of the President of the Republic of Trinidad and Tobago at the Office of the President, St. Ann’s, this 11th day of March, 2011.” “THE CONSTITUTION OF THE REPUBLIC OF TRINIDAD AND TOBAGO By His Excellency Professor GEORGE MAXWELL RICHARDS, T.C., C.M.T., Ph.D., President and Commander-in-Chief of the Republic of Trinidad and Tobago. /s/ G. Richards President. TO: MRS. PARVATEE ANMOLSINGH-MAHABIR WHEREAS Senator Helen Drayton is incapable of performing her duties as a Senator by reason of illness: NOW, THEREFORE, I, GEORGE MAXWELL RICHARDS, President as aforesaid, in exercise of the power vested in me by section 40(2)(c) and section 44 of the Constitution of the Republic of Trinidad and Tobago, do hereby appoint you, PARVATEE ANMOLSINGH-MAHABIR, to be temporarily a member of the Senate, with effect from 15th March, 2011 and continuing during the absence by reason of illness of the said Senator Helen Drayton. Given under my Hand and the Seal of the President of the Republic of Trinidad and Tobago at the Office of the President, St. Ann’s, this 14th day of March, 2011.” OATH OF ALLEGIANCE Senators Rabindra Moonan and Parvatee Anmolsingh-Mahabir took and subscribed the Oath of Allegiance as required by law. 399 Anti Gang Bill and Bail (Amdt) Bill Tuesday March 15, 2011 JOINT SELECT COMMITTEE REPORT Anti-Gang Bill and Bail (Amdt.) Bill (Presentation) The Minister of State in the Ministry of National Security (Sen. The Hon. Subhas Panday): Thank you very much, Mr. President. Mr. President, I wish to present the following report on behalf of the hon. Attorney General: Report of the Joint Select Committee established to consider and report on the Anti-Gang Bill, 2010 and the Bail (Amdt.) Bill, 2010. ORAL ANSWERS TO QUESTIONS The Minister of State in the Ministry of National Security (Sen. The Hon. Subhas Panday): Mr. President, before we commence, I humbly wish to inform the Senate that the Government is prepared to answer questions Nos. 26, 27, 28, and 29. The hon. Minister of Local Government is out of the jurisdiction. And also question Nos. 35 and 36, because of the creation of a new Ministry of Justice, these questions have been sent to the Ministry of Justice and the Minister is not here today. Mr. President, we are also in a position to answer question No. 40. Thank you very much. The following questions stood on the Order Paper in the name of Sen. Pennelope Beckles-Robinson: Arima Administration Facility (Details of) 34. Could the hon. Minister of Local Government indicate: (i) the date for the commencement of construction of the Arima Municipal Building and or the Arima Administration Facility; (ii) the estimated cost of construction of the said facility; and (iii) the projected date of completion? Drug Related Offences (Before the Courts) 35. Could the hon. Minister of National Security indicate how many drug related offences are presently before the courts in Trinidad and Tobago? 400 Oral Answers to Questions Tuesday March 15, 2011 Firearm Related Offences (Before the Courts) 36. Could the hon. Minister of National Security indicate how many firearm related offences are presently before the courts in Trinidad and Tobago? Questions, by leave, deferred. PH Cars (Insuring of) 26. Sen. Terrence Deyalsingh asked the hon. Minister of Works and Transport: Could the Minister state whether the Government of Trinidad and Tobago has consulted with the automotive insurance industry regarding the insuring of PH cars and what would be the required insurance coverage for the safety of passengers and drivers? 1.40p.m. The Minister of State in the Ministry of National Security (Sen. The Hon. Subhas Panday): [Interruption] I thank my friend, Sen. Hinds for his information and kind advice. Mr. President, the first half of this question is simple and direct. A team from the Ministry of Works and Transport, led by the hon. Minister of Works and Transport, Mr. Jack Warner, met with representatives of the Association of Trinidad and Tobago Insurance Companies (ATTIC) led by Mr. Willard Harris, Vice-President of ATTIC, at the Ministry‟s head office on October 20, 2010, regarding insurance requirements associated with the regularization of “PH” taxis. However, the other part of the question is very complex. “…and what would be the required insurance coverage for the safety of passengers and drivers?” Mr. President, attorneys present will no doubt agree that we are dealing here with the law of insurance as it pertains to motor vehicle third-party risks. This Government intends to use this Parliament, not only to debate, but also to perform the other function, that is, to educate and inform the population. Third-party risk insurance is very important. No one should use a vehicle on the road without at least third-party insurance, because to do so would be using a vehicle on the road like a weapon without any indemnity. Therefore, the law views using vehicles on the road without at least third-party insurance as very serious. May I quote from the Motor Vehicles Insurance (Third-Party Risks) which says in section 3(1): 401 Oral Answers to Questions Tuesday March 15, 2011 “Subject to this Act, it shall not be lawful for any person to use, or to cause or permit any other person to use, a motor vehicle or licensed trailer on a public road unless there is in force in relation to the user of the motor vehicle or the licensed trailer by that person or that other person, as the case may be, such a policy of insurance or such a security in respect of third-party risks as complies with the requirements of this Act.” What it says is that the law is very serious, and the law is saying you cannot use a motor vehicle on the road without at least third-party insurance. The law is so serious in that it spells out the penalty for so doing. In section 3(2), it states: “If a person acts in contravention of this section, he is liable to a fine of five thousand dollars and to imprisonment for two years,…” [Interruption] Hold on. That is the question. The question goes into the law of insurance. You do not understand? No, it is a question that deals with the law of third-party insurance. What is happening is that you brought a question here and when we are trying to answer it, you do not want to hear the answer. I have not started with you as yet. I am just giving the details of the law. [Interruption] Sen. Hinds: It is not relevant. Sen. The Hon. S. Panday: This is relevant. It seems as though you are not understanding and you are wilfully not understanding. “person convicted of an offence under this section shall…” be imprisoned for a period of two years and, “disqualified for…a period of three years.” So important is this law which you are speaking about in this question on third- party insurance. The hon. Senator asked: “…what would be the required insurance coverage for the safety of passengers…?” When you are myopic like my friend, Sen. Fitzgerald Hinds, he cannot, even if he wishes to see the bigger picture. Have you ever thought about somebody taking a PH car, licensing it to run PH and hiring somebody to work the car? Of course, that is a part of the question. That is implied in the question. We are talking about the user of insurance. I do not know how long you have been doing law, but I am certain that you would have looked at section 4A. Chap. 48:51 which says: 402 Oral Answers to Questions Tuesday March 15, 2011 [SEN.