1 Leave of Absence 2017.06.13 SENATE Tuesday, June 13, 2017 The Senate met at 10.30 a.m. PRAYERS [MR. VICE-PRESIDENT in the Chair] LEAVE OF ABSENCE Mr. Vice-President: Hon. Senators, I wish to advise that the President of the Senate, Sen. The Hon. Christine Kangaloo is out of the country, and leave of absence has been granted to H.R. Ian Roach who is ill. SENATORS’ APPOINTMENT Mr. Vice-President: Hon. Senators, I have received the following correspondence from His Excellency the President, Anthony Thomas Aquinas Carmona O.R.T.T., S.C.: “THE CONSTITUTION OF THE REPUBLIC OF TRINIDAD AND TOBAGO By His Excellency ANTHONY THOMAS AQUINAS CARMONA, O.R.T.T., S.C., President of the Republic of Trinidad and Tobago and Commander-in-Chief of the Armed Forces. /s/ Anthony Thomas Aquinas Carmona O.R.T.T. S.C. President. TO: MR. NDALE YOUNG WHEREAS Senator Christine Kangaloo is incapable of performing her duties as a Senator by reason of her absence from Trinidad and Tobago: UNREVISED 2 Senators’ Appointment (cont’d) 2017.06.13 NOW, THEREFORE, I, ANTHONY THOMAS AQUINAS CARMONA, President as aforesaid, in exercise of the power vested in me by section 44(1)(a) and section 44(4)(a) of the Constitution of the Republic of Trinidad and Tobago, do hereby appoint you, NDALE YOUNG to be temporarily a member of the Senate, with effect from 13th June, 2017 and continuing during the absence from Trinidad and Tobago of the said Senator Kangaloo. 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 12th day of June, 2017.” “THE CONSTITUTION OF THE REPUBLIC OF TRINIDAD AND TOBAGO By His Excellency ANTHONY THOMAS AQUINAS CARMONA, O.R.T.T., S.C., President of the Republic of Trinidad and Tobago and Commander- in-Chief of the Armed Forces. /s/ Anthony Thomas Aquinas Carmona O.R.T.T. S.C. President. TO: MR. NIKOLI EDWARDS WHEREAS Senator Hugh Russell Ian Roach is incapable of performing his duties as a Senator by reason of illness: NOW, THEREFORE, I, ANTHONY THOMAS AQUINAS CARMONA, President as aforesaid, in exercise of the power vested in me by section 44(1)(b) and section 44(4)(c) of the Constitution of the UNREVISED 3 Senators’ Appointment (cont’d) 2017.06.13 Republic of Trinidad and Tobago, do hereby appoint you, NIKOLI EDWARDS, to be temporarily a member of the Senate, with effect from 13th June, 2017 and continuing during the absence of Senator Hugh Russell Ian Roach by reason of illness. 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 12th day of June, 2017.” OATH OF ALLEGIANCE Senators Ndale Young and Nikoli Edwards took and subscribed the Oath of Allegiance as required by law. PAPER LAID Annual Audited Financial Statements of National Flour Mills Limited for the financial year ended December 31, 2016. [The Minister of Energy and Energy Industries (Sen. The Hon. Franklin Khan)] JOINT SELECT COMMITTEE REPORT Foreign Affairs (Council for Trade and Economic Development) (Presentation) Sen. Rodger Samuel: Mr. Vice-President, I have the honour to present the following report as listed on the Order Paper in the name of Sen. The Hon. Paula Gopee-Scoon: First Report of the Joint Select Committee on Foreign Affairs, Second Session (2016/2017), Eleventh Parliament, on the Public Examination of the UNREVISED 4 Joint Select Committee Report (cont’d) 2017.06.13 Draft Summary of Recommendations and Conclusions of the Forty-First Meeting of the Council for Trade and Economic Development. URGENT QUESTIONS The Minister of Energy and Energy Industries (Sen. The Hon. Franklin Khan): Mr. Vice-President, we have a small challenge this morning. The Urgent Questions were circulated extremely late, if I should say so, and we would like to stand down the questions to the Ministers of National Security and Education, but we are in a position to answer immediately the questions to the Minister of Labour and Small Enterprise Development. I hope that meets your approval, Sir, with the consent of the Senate. Mr. Vice-President: Hon. Members, question No. 2 would be stand down as indicated by the Leader of Government Business and we would move on to— Hon. Senator: One and two— Mr. Vice-President: One, two and five would be stand down as indicated by the Leader of Government Business. So we would move on to question 4. Sen. Mark. Hon. Senator: Three, question 3. Mr. Vice-President: Question 3, sorry. Sen. Mark. OSH Authority (Investigation of Explosion) Sen. Wade Mark: Question No. 3 to the hon. Minister of Labour and Small Enterprise Development: In light of the explosion of an ammonia gas cylinder and the death which resulted from the incident, has this matter been investigated by the OSH Authority with a view to preventing a reoccurrence? The Minister of Labour and Small Enterprise Development (Sen. The. Hon. Jennifer Baptiste-Primus): [Desk thumping] Thank you very much, Mr. Vice-President, and a pleasant morning to all my colleagues. In response to the UNREVISED 5 Urgent Questions (cont’d) 2017.06.13 Sen. The Hon. J. Baptiste-Primus (cont’d) hon. Sen. Wade Mark’s urgent question, which was really urgent, we only received it only a short while ago—nonetheless, Mr. Vice-President, I am informed that the matter is being investigated by the OSH agency. The investigator visited the compound on Friday last, which was the 9th of June and interviewed the management of Massy Gas Products, and the agency is in the process right now as we speak in collating the evidence with a view to determining if any area of the OSH legislation was breached. And that visit was made to Massy Gas Products in Point Lisas. Sen. Mark: Thank you. Mr. Vice-President, could the hon. Minister indicate how soon that OSH report would be submitted by the officials who are currently executing the investigations? Sen. The Hon. J. Baptiste-Primus: Thank you kindly, Mr. Vice-President. As a matter of fact, the OSH agency is in the process of conducting a full inspection of the entire compound of Massy Gas Products to ensure that not only the area where, unfortunately the fatality occurred, but the entire operations of that company. And in that context, Mr. Vice-President, the Government of Trinidad and Tobago extend our really sincerest condolences to the family of this young man who, through no fault of his own, lost his life during a particular operation. In response to exactly when the report is going to be submitted, I cannot give you that information, but, through you, Mr. Vice-President, I could assure the Senator that once it comes to fatality, the Executive Director of the OSH agency make sure that the inspector—whichever inspector is assigned to investigate— submits that report within the specific time frame, that I do not have at the moment. So I give you that assurance that those reports are submitted. And I can also add, Mr. Vice-President, that the OSH agency has been laying charges against companies, and companies have been fined and paying up those fines. In addition, UNREVISED 6 Urgent Questions (cont’d) 2017.06.13 Sen. The Hon. J. Baptiste-Primus (cont’d) we are in the process of beefing up, beefing up the staff at the OSH agency because their role is so vital to the maintenance of the health and safety of workers of this country. [Desk thumping] Sen. Mark: Thank you, Mr. Vice-President. Could the hon. Minister indicate to this Senate whether the financial obligations that the company, Massy Products Limited, would have to the family of the dead person under the Workmen’s Compensation Act, haves been met by the company? Sen. The Hon. J. Baptiste-Primus: Mr. Vice-President, I am not seized of that particular information that the Senator seeks, but I can always request that information from the Executive Director to bring it back to this Honourable Senate. National Flour Mills (OSHA COMPLIANCE) Sen. Wade Mark: Thank you, Mr. Vice-President. Mr. Vice-President, to the hon. Minister of Labour and Small Enterprise Development. In light of the recent incident at the National Flour Mills Feed Mill Facility which resulted in the death of an employee, can the Minister indicate if the NFM is fully compliant with its safety obligations as an employer under the Occupational Safety and Health Act? The Minister of Labour and Small Enterprise Development (Sen. The. Hon. Jennifer Baptiste-Primus): Thank you very much, Mr. Vice-President. Mr. Vice-President, in terms of the recent fatality at National Flour Mills where the employ died three days after he fell, I am informed that the area where the incident occurred was inspected and it was found to be fully compliant according to the law. However, the particular inspector is in the process of inspecting the entire compound, not only the area where the fatality occurred. That inspection was done yesterday, hon. Sen. Wade Mark. The incident occurred on the 8th of June and the employee died on the 11th of June. He fell down the external metal staircase. He UNREVISED 7 Urgent Questions (cont’d) 2017.06.13 Sen. The Hon. J. Baptiste-Primus (cont’d) was transported to St. Clair Medical Facility on the same day. He died following surgery on Sunday the 11th, and OSH agency is awaiting the medical report to determine the cause of death.