331 Leave of Absence Tuesday, January 09, 2007 SENATE Tuesday, January 09, 2007 The Senate met at 1.30 p.m. PRAYERS [MADAM PRESIDENT in the Chair] LEAVE OF ABSENCE Madam President: Hon Senators, I have granted leave of absence from today’s sitting to Sen. The Hon. Christine Kangaloo and Sen. Raziah Ahmed who are both out of the country. SENATORS’ APPOINTMENT Madam 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: MRS. JOAN HACKSHAW-MARSLIN WHEREAS Senator Christine Kangaloo is incapable of performing her duties as a Senator by reason of her absence from Trinidad and Tobago: NOW, THEREFORE, I, GEORGE MAXWELL RICHARDS, President as aforesaid, acting in accordance with the advice of the Prime Minister, in exercise of the power vested in me by section 44 of the Constitution of the Republic of Trinidad and Tobago, do hereby appoint you, JOAN HACKSHAW-MARSLIN, to be temporarily a member of the Senate, with effect from 9th January, 2007 and continuing during the absence from Trinidad and Tobago of the said Senator Christine 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 5th day of January, 2007.” 332 Senators’ Appointment Tuesday, January 09, 2007 [MADAM PRESIDENT] “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. WAYNE MUNRO WHEREAS Senator Raziah Ahmed is incapable of performing her duties as a Senator by reason of her absence from Trinidad and Tobago: NOW, THEREFORE, I, GEORGE MAXWELL RICHARDS, President as aforesaid, acting in accordance with the advice of the Leader of the Opposition, in exercise of the power vested in me by section 44 of the Constitution of the Republic of Trinidad and Tobago, do hereby appoint you, WAYNE MUNRO, to be temporarily a member of the Senate, with immediate effect and continuing during the absence from Trinidad and Tobago of the said Senator Raziah Ahmed. 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 3rd day of January, 2007.” OATH OF ALLEGIANCE Senators Joan Hackshaw-Marslin and Wayne Munro took and subscribed the Oath of Allegiance as required by law. DISTINGUISHED VISITOR Madam President: Hon. Senators, I would like to take this opportunity to welcome to our sitting here today, the hon. Donald Oliver, Q.C. who is a Senator from the Senate of Canada, and is in Trinidad attending the First Annual Commonwealth Caribbean Parliamentary Workshop. [Desk thumping] Welcome, Sir. 333 Papers Laid Tuesday, January 09, 2007 PAPERS LAID 1. Report of the Auditor General of the Republic of Trinidad and Tobago on the statement of receipts and payments of the Intellectual Property Office for the year ended December 31, 2005. [The Minister in the Ministry of Finance (Sen. The Hon. Conrad Enill)] 2. Erratum re: Report of the Auditor General on the public accounts of the Republic of Trinidad and Tobago for the financial year ended September 30, 2005. [Sen. The Hon. C. Enill] 3. Report of the Auditor General of the Republic of Trinidad and Tobago on a special audit of the Community-based Environmental Protection and Enhancement Programme (CEPEP) implemented by the Ministry of Public Utilities and the Environment and executed by the Trinidad and Tobago Solid Waste Management Company Limited (SWMCOL). [Sen. The Hon. C. Enill] 4. The Water Pollution (Amendment) Rules, 2006. [The Minister of Public Administration and Information and Minister of Energy and Energy Industries (Sen. The Hon. Dr. Lenny Saith)] Water Pollution (Amdt.) Rules The Minister of Public Administration and Information and Minister of Energy and Energy Industries (Sen. The Hon. Dr. Lenny Saith): Madam President, may I also advise that the Statutory Instruments Committee considered the Water Pollution (Amdt.) Rules, 2006 and found that there was nothing to which the attention of the Senate should be specially drawn. Minutes of the committee was circulated to Members. ORAL ANSWERS TO QUESTIONS The Integrity Commission (List of Complaints) 11. Sen. Wade Mark asked the hon. Attorney General: Could the Attorney General: (i) Provide the Senate with a list of the various complaints which have been submitted to the Integrity Commission for investigation; and (ii) State the dates on which these complaints were submitted? 334 Oral Answers to Questions Tuesday, January 09, 2007 The Attorney General (Sen. The Hon. John Jeremie, S.C.): Madam President, thank you. The Integrity Commission is an independent commission which is established under section 138 of the Constitution of Trinidad and Tobago charged with, among other matters, the investigation of conduct, practices and procedures which are perceived as dishonest. Section 5(2)(a) of the Integrity in Public Life Act provides that the Integrity Commission in the exercise of its powers and the performance of its functions, shall not be subject to the direction or control of any other person or authority. The commission is empowered under section 32 of the Integrity in Public Life Act to receive complaints in writing of alleged corruption and is further empowered by section 33 of the Act to consider and enquire into such allegations. Section 34 of the Integrity in Public Life Act enables the Commission to conduct investigations into complaints made of alleged acts of corruption. Section 35(1) of the Integrity in Public Life Act prohibits the disclosure of, and I quote: “the records of the Commission and any information revealed by a witness or by the production of documents” by any person for any purpose other than for proceedings in a court of law in the pursuance of the prosecution of a charge under the Integrity in Public Life Act, the Prevention of Corruption Act or any other written law. Section 35(2) therefore makes it an offence to disclose the records of the commission in circumstances other than are as stated at section 35(1) aforesaid. The penalty for that offence upon conviction for the disclosure of records of the Integrity Commission by any person is a fine of $250,000 and to imprisonment for a period of five years. Consistent with the rule of law and the provisions cited before, the Attorney General is prohibited by sanction of the law from response to the question as posed by the hon. Senator. The question, however, has been forwarded by letter dated November 30, 2006 to the Integrity Commission for their comment. Sen. Mark: Madam President, could the Attorney General indicate to this honourable Senate whether the Integrity Commission is a law onto itself and what mechanisms would he, as the Attorney General, recommend or suggest for us to have some kind of understanding—not in a very detailed way, but in a cursory way—so that these matters can be brought to the attention of the honourable Senate and to the country at large? 335 Oral Answers to Questions Tuesday, January 09, 2007 Madam President: Mr. Attorney General? Sen. The Hon. J. Jeremie, S.C.: I disagree with the hon. Senator that the Integrity Commission is a law onto itself, but it must necessarily be insulated from political interference. It is a body created by the Constitution. Its revenues are charged on the Consolidated Fund and it has a measure of independence which is protected by law. Its deliberations are secret. I cannot control the Integrity Commission nor do I wish to control them. I do not know what is going on with the Integrity Commission nor do I wish to know. There is a process in law which is transparent, and which provides for the Integrity Commission, on examination of facts, to make a complaint to the Director of Public Prosecutions. That is how it is. I can see no reason to change that at this time. Sen. Mark: Madam President, through you, since deliberation—[Cellphone rings] Madam President: May I remind all Members to take off their cellphones, please? Sen. Mark: Madam President, through you, to the hon. Attorney General, since he has stated that the proceedings of the Integrity Commission are so secret and confidential, could he then share with us how the records which were before the Integrity Commission on a former Prime Minister, Mr. Basdeo Panday, were made available to the public, and how up to this time no one has been prosecuted or charged by the Integrity Commission for leaking such information? Sen. The Hon. J. Jeremie, S.C.: That is a matter which I have no knowledge on, except to say that those records were leaked out of the Integrity Commission at a time when they were in Government and the former Prime Minister was in office. The question ought really to be directed to the previous Integrity Commission and the former Attorney General. He might have more knowledge than I do. I, certainly, do not know. [Desk thumping] Hon. Dr. Keith Rowley, Minister of Housing (Investigation by the Integrity Commission) 12. Sen. Wade Mark asked the hon. Attorney General: A. With specific reference to the complaint in respect of the hon. Dr. Keith Rowley, Minister of Housing, could the Attorney General inform the Senate whether the investigation has been completed; 336 Oral Answers to Questions Tuesday, January 09, 2007 B.