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473 474
Leave of Absence Friday, 1st July, 1988 Oral Answers to Questions

HOUSE OF REPRESENTATIVES ORAL ANSWERS TO QUESTIONS


Friday, 1st July, 1988 The following questions stood on the
The House met at 1.32 p.m. Order Paper in the name of Mr. Patrick
Manning (San Fernando East):
PRAYERS
Methanol Plant
[MR. SPEAKER in the Chair] (Point Fortin)
LEAVE OF ABSENCE 22. Would the Prime Minister tell this
Mr. Speaker: Hon. Members, leave House:
of absence has been granted from (i) The source from which the gas
today's sitting to the hon. Member for to operate the proposed
St. Joseph (Dr. Carson Charles) and the methanol plant at Point Fortin
hon. Member for Couva North (Mr. is to be derived?
Basdeo Panday). (ii) The details of the gas pricing
formula for the methanol plant
FREE ZONES BILLS and its relation to the gas
Bill to proviue for the establishment of pricing formula in operation
free zones in Trinidad and Tobago and for the Tringen 11 project?
for matters incidental thereto, brought (in) The effect this gas price will
from the House of Representatives. have on the profitability of the
LThe Minister of Industry, Enterprise National Gas Company over
and Tourism] read the first time. the next 16 years, i.e. up to the
year 2004?
SELECT COMMITTEE REPORTS.- Loans
Dr. Anseim St. George (San (Construction Projects)
Fernando West): Mr. Speaker, I beg to 26. Would the Minister of Finance
present the following reports: and the Economy please state:
Kiwanis Club of Enterprise (Inc'n) (i) How much of the $500 M. for
Bill the funding of construction
(1) Report of the select committee of projects in 1988 has been
the House appointed to consider raised by Government on the
and report on a bill for the local market to date?
incorporation of the Kiwanis (ii) How much of what has been
Club of Enterprise, Trinidad and raised to date is allocated to be
for matters incidental thereto. spent in 1988:
Mennonite Church .(Inc'n) Bill
(a) in Trinidad?
(2) Report of the select committee of (b) in Tobago?
the House appointed to consider
and report on a bill for the (iii) On what terms have these
incorporation of the Mennonite loans been obtained and from
Church of Trinidad and Tobago. what source?
475 476
Oral Answers Friday, 1st July, 1988 to Questions

Methanol Sales Company of Washington D.C, United


30. Will the Minister of Industry, States of America the consultancy
Enterprise and Tourism inform this contract to assist the Tax Performance
House: Committee to develop a tax reform
programme for the Ministry of Finance
(a) The world market prices now and the Economy in accordance with
obtaining (May 1988) for their proposal and fee structure:
methanol sales from Trinidad
and Tobago? Details of the programme are as
follows:
(b) The world market price
obtained for methanol sales for Phase I: Initial review of the entire
the comparable period in 1986 tax system with preliminary
and 1987? recommendations for reform—US
$73,000.00
(c) The effect of these current
prices on the profitability or Phase II: Development of Computer-
loss eduction of the methanol based micro-simulation models of the
plant for 1988? tax system to facilitate extensive
analysis of alternative tax measures—
Mr. Speaker: Questions Nos. 22, US $361,000.00
26 and 30 will be deferred to a
subsequent sitting. Phase III: Detailed analysis and
development of specific tax reform
Questions, by leave, deferred measures including a fully developed
Accounting Firm implementation p 1 an - U S
(Contract) $274,000.00.
29. Mr. Trevor Sudama On 30th June, 1987, twelve local and
(Oropouche) asked the Minister of foreign consulting firms were invited to
Finance and the Economy: submit prequalification proposals to
Could the Minister state whether any assist Government in developing a tax
contract for consultancy or any other reform programme for Trinidad and
service has been entered into by the Tobago. Proposals were received from
Government with the foreign five consulting firms. The other firms
accounting firm of Peat, Marwick and indicated that they were not interested in
Mitchell with respect to the operation the exercise. The five firms were:
and administration of the taxation (i) Prognos A.G., Switzerland
system in Trinidad and Tobago and, if
so, what is the contract sum? (ii) Arthur D. Little Inc., USA
The Minister in the Ministry of (iii) Peat Marwick, Mitchell and
Finance and the Economy (Hon. Co.—Trinidad and Tobago
Selby Wilson): Mr. Speaker, the (iv) Coopers and Lybrand—
answer is as follows; yes, on 25th May, Trinidad and Tobago
1988 the Central Tenders Board
awarded Peat, Marwick, Mitchell and (v) Price Waterhouse—USA
477 478
Oral Answers Friday, 1st July, 1988 to Questions

The prequalification criteria Mr. Sudama: Is the hon. Minister


established by the Tax Performance aware that certain members of the Tax
Committee were as follows: Performance Committee tendered their
(a) objectivity; resignations as a consequence of the
award of this consultancy contract?
(b) work experience in the region; Mr. Wilson: Yes, I am aware.
(c) familiarity with the subject area; 1.40 p.m.
(d) expertise in tax modelling; and CODE OF ETHICS
(e) the capability to complete the The Prime Minister and
exercise in nine months to Minister of Finance and the
permit of its input into the 1989 Economy (Hon. A. N. R.
budget. Robinson): Mr. Speaker, I have the
Mr. Sudama: Mr. Speaker, could honour to move the following motion:
the Minister state whether there was Be it resolved,
adequate local capability for the carrying
Out of this consultancy service for the That this House adopt the Code of
Government? Ethics to be observed by
Parliamentarians and the Code of
Mr. Wilson: Mr. Speaker, may I Ethics for Ministers and
ask the hon. Member to repeat the Parliamentary Secretaries which
question, please? were laid in the House of
Mr. Sudama: Could the Minister Representatives on 20th May, 1988.
state whether, from his investigations, These codes have their parent code in
there was adequate local capability in a code which was laid on the Table in
providing this consultancy service to the this House on 13th March, 1987 and
Government? that document was laid in pursuance of
Mr Wilson: Mr. Speaker, we invited the undertaking given in our elections
12 local and foreign consultant firms manifesto of 1986. In that manifesto we
and seven of those firms did not undertook to implement a programme of
respond. For example, in the 12 we measures designed to facilitate the
invited John Hunt and Company; Price improvement of standards in public life.
Waterhouse; Peat Marwick, Mitchell, One of these measures was an
which is also a local firm; Cooper amendment to the Prevention of
Lybrand which is also in association Corruption Act; another was legislation
with a local firm, John Hunt and to provide for the establishment of the
Company. We were guided by the Integrity Commission, which was
recommendations of the Tax provided for in the Republican
Performance Committee on the final Constitution of 1976. And these codes
selection. I am not in a position to of ethics form part of this programme of
express an opinion because I did not measures which, as I have indicated,
proceed along those lines. were designed to facilitate high
479 480
Code of Friday, 1st July, 1988 Ethics
[HON. A.N.R. ROBINSON]
standards of conduct by Members of The codes provide for safeguards or
Parliament. efforts to assist Members of Parliament
to avoid situations where their private
The codes relate to Members of both interest may conflict with their public
Houses of Parliament and it is expected duty. And may I emphasize, Mr.
that at a later date codes will be adopted Speaker, that these are essentially
by bodies such as the local government guidelines; they are not provisions of
authorities as well as the Tobago House law with sanctions to be imposed in
of Assembly. cases of breach. They are provisions of
an ethical nature and the sanctions to be
Whereas previously the code which applied would be the opinions of other
was laid on the 13th March, 1987 parliamentarians and of the public at
embodied the provisions in one large. At a later stage it may be
document, the documents before the necessary to implement or embody some
House relate to parliamentarians on the of these provisions in the form of
one hand and Ministers and legislation, but the Government's view
Parliamentary Secretaries on the other, at this stage is that firstly, the principles
the reason being that it was felt, after the which it is expected that Members would
receipt of public comment, that the observe would set out clearly, that they
applicable provisions were separate in would be understood and that there
some instances and consequently should would be a greater probability of their
be provided in separate documents. being observed after a period of time
Although Ministers and Parliamentary when Members are fully acquainted with
Secretaries, for example, are ultimately these provisions.
responsible to Parliament in the course May I say, Mr. Speaker, that
of their day-to-day dealings and in the provisions of this nature are to be found
running of their departments, they are in codes of ethics of one kind or another
immediately responsible to Cabinet and in many democratic countries and
to the Prime Minister. It is the Prime certainly in countries such as the United
Minister who appoints them and can Kingdom, the United States and
relieve them of their responsibilities, so Canada, and other Commonwealth
that while Parliament can set guidelines countries besides the United Kingdom
for the proper behavior of its Members and Canada. There are provisions
in their capacity as parliamentarians, it is regarding the treatment of gifts, for
the Prime Minister and the Cabinet that example/ there are provisions about
must supervise the behaviour of engaging 'in business or in professions,
Ministers in their capacity as Ministers. as the case may be, and there are
It was therefore proposed that there be provisions relating to the principles
one code of ethics for parliamentarians which should guide a Member who
and a separate code of ethics for finds that he or she is in a position
Ministers and Parliamentary Secretaries. where the interest of that Member is
The code of ethics for parliamentarians likely to conflict with the duties as
would obviously also apply to Ministers parliamentarian. May I just briefly go
and to Parliamentary Secretaries. through some of these provisions.

/
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Code of Friday, 1st July, 1988 Ethics

Before I deal specifically with the The politician is faced with the
provisions of the codes, may I say that challenge of a course of conduct which
the code which was laid on the table on must be consistent with public opinion
the 13th March, 1987, was pilished which in this country seems to change
for public comment and the Government as conditions improve or degenerate. In
has been in receipt of comments from order to accept the challenge to improve
the Law Association of Trinidad and one has to face reality and state it. Public
Tobago and from the parliamentary arm confidence and trust in the impartiality
of the National Alliance for of government in general terms have
Reconstruction. I wish to express on been severely eroded in the past, and
behalf of the Government my deepest suspicion of persons in public life is rife
appreciation for these comments which among our people. Bribery and
have been received from the Law corruption had been the order of the
Association and the parliamentary arm of day, and although it appears to have
the National Alliance for Reconstruction. become dormant, it can erupt at any
The other comment received was from time. This is from the comment which
an individual, who was not at the time a was made in March, 1987
judge, but is at the present time a High
Court judge. I should like also to "We are in a dilemma. It is therefore
express my deep appreciation to Mr. necessary to take steps to provide
Anthony Lucky, who is now Judge some sign posts to help guide our
Lucky, for the time and trouble that he parliamentarians and the public whom
took to submit a redraft of the code, they serve so that they earn and
which was very helpful in the maintain the trust and the confidence
formulation of the final code which has of the public."
been presented to this House. Now may I refer to some of the
1.50 p.m. specific provisions of the code relating
to parliamentarians which are set out in
The introduction to the code makes the the guidelines and may I refer
comment, Mr. Speaker, that our multi- specifically to Guideline 4 which states
religious society is a politically as follows:
sophisticated and economically complex
one, our economic interests and "In any debate or proceedings of a
employment diverse and transverse. House or its committees, or in any
Social relationships in our plural transactions, or communications
society, especially in family matters vary which a parliamentarian may have
and within recent years have changed with other parliamentarians or with
significantly. The personal legal and Ministers or persons in public office
social independence of spouses is he/she shall disclose any relevant
recognized as equal. It is in this scenario pecuniary interest or benefit of
that politicians can encounter difficulty whatever nature, whether direct or
in agreeing upon the public's view of indirect, that he/she may have had,
the boundaries between public and may have or may be expecting to
private interests. have."
483 484
Code of Friday, 1st July, 1988 Ethics
[HON. A.N.R. ROBINSON]
Guideline 5 states: So that if a parliamentarian makes an
"A declaration of interest shall be initial disclosure of conflict of interest,
made by a parliamentarian at the and identifies that interest which may
earliest opportunity when speaking in conflict with his public duty and the
debate or taking part in committee circumstances thereafter change, and the
proceedings. Such declaration should interest undergoes a change, then it is
be automatically recorded as part of incumbent on the parliamentarian to
the official record and indexed in disclose that change in the
Hansard for convenience of reference. circumstances.
A parliamentarian shall perform the The provision also relates to the
duties of his office.. immediate members of his family. So
that:
According to the Interpretation Act this "When the interests of the members
also means "her office"- of his immediate family are involved,
"... impartially, uninfluenced by fear the parliamentarian shall disclose those
or favour" interests, to the extent that they are
known to him/her. Members of the
A parliamentarian shall be open and immediate family will ordinarily
honest in official dealings with comprise only the parliamentarian's
colleagues. spouse and dependent children, but
"A parliamentarian shall avoid may include other members of his
situations in which his private interests household or family when their
whether pecuniary or otherwise interests are closely connected."
conflict or might reasonably be There is provision about the use of
thought to conflict with public duty" information obtained in the course of
Paragraph 9 of the codes provides that: public duty and there is a prohibition
against the use of that information in a
"When a parliamentarian possesses, manner which may directly or indirectly
directly or indirectly, an interest which bring some kind of pecuniary advantage
conflicts or which might reasonably be for the parliamentarian or any other
thought to conflict with his public person. And the provision goes on to
duty, or improperly to influence his stipulate that:
conduct in the discharge of his
responsibilities in respect of some "In particular a parliamentarian shall
matter with which he is concerned, he scrupulously avoid investments or
shall disclose that interest publicly in other transactions about which he has
accordance with the form prescribed in or might reasonably be thought to
the Article 4 above. Should have, early or confidential information
circumstances change after an initial which might confer on him an unfair
disclosure was made, so that new or or improper advantage over other
additional facts become material, the persons."
parliamentarian shall disclose the So that if information is obtained in the
further information." course of one's duty as a
485 486
Code of Friday, 1st July, 1988 Ethics

parliamentarian we must not use that And as an extension of that provision:


information in order to obtain any kind "(3) except as may be permitted
of pecuniary advantage, and in fact must under the rules applicable to
not even appear to be in a position his office, a parliamentarian
where that use of information can result may not accept any gift,
in that kind of advantage. hospitality or concessional
Article 12 provides that: travel offered in connection
"A parliamentarian shall not: with the discharge of he
duties of office.
(1) solicit or accept from any A parliamentarian shall be
person any remuneration or scrupulous in his use of
benefit for the discharge of public property and services
the duties of his office over and shall not permit their
and above the official misuse by other persons."
remuneration."
So that if anybody offers a And article 14 provides that:
parliamentarian any reward for taking up "A parliamentarian shall not allow
a particular matter related to the duties of the pursuit of his private interests to
the parliamentarian that reward must be interfere with the proper discharge of
refused, it must not be accepted. public duties."
The article continues: These may appear to be rigorous
"(2) must not solicit or accept any provisions, Mr. Speaker, but I feel sure
benefit, advantage or even that there are provisions which can be
promise of future advantage observed as indeed they are expected to
whether for self, immediate be observed in democratic institutions of.
family or any business this nature. And it is absolutely essential
concern or trust with which that parliamentarians be seen to be
he is associated from persons observing these rules, these principles
who are in, or seek to be in, and these guidelines of behaviour in
order to promote public confidence and
any contractual or special public trust in the office of the
relationship with the parliamentarian. The articles to which I
government." have referred are not exhaustive—there
So that in the course of one dealings are others—but these are the most
with a person who has a contractual important.
relationship or who is in position or 2.00 p.m.
who seeks to be in a position to have a
contractual or special relationship with I have previously stated, Mr. Speaker,
the government that parliamentarian that there are provisions which obtain in
must not in the tourse of such dealings other Parliaments as well. I believe that
solicit or accept any benefit, advantage these guidelines have been observed in
or promise of future advantage whether the past by most, if not all of the
for self or family as the case may be. parliamentarians and they certainly can
487 488
Code of Friday, 1st July, 1988 Ethics
[HON. A.N.R. ROBINSON]
be observed in the future by all of us his colleagues when he has an interest
who are members of this Parliament. I which does, or might reasonably be
cannot overemphasize the importance, thought likely to conflict with his public
especially in times when public duty as a Minister. So the obligation
institutions are under stress of all kindsh again is on disclosure. If a Minister has
that all of us who are engaged in the any interest that conflicts or is likely to
course of public duties should conflict with his duties as a Minister that
endeavour to maintain standards which Minister's duty is to disclose that
can promote confidence in the offices interest to his ministerial colleagues.
which we have the honour to hold. This code provides that that declaration
As I mentioned, this is part of the shall be noted in the Cabinet records. So
whole programme4ncluding legislative not only is it declared orally, but it is
measures and will not be the end of the written into the Cabinet records. The
measures introduced. Mr. Speaker, I Minister shall then indicate that he will
want to emphasize at this stage, I am not not take part in the discussion in
suggesting for one moment that question or else secure the explicit
legislative measures can produce authorization of his colleagues for taking
morality or ethical standards of the part.
highest nature, ethical standards are by Article two provides that when
their very nature standards which must directing or dealing with the business of
be voluntarily attained and voluntarily the department which he administers a
kept. Legislative measures can provide Minister shall inform the Prime Minister
for the floor below which individuals in of any real or apparent conflict of
public office are not expected to fall. But interest that arises. The Prime Minister,
beyond the floor that is provided by the unless he asks the Minister to divest
legislative measures there are standards himself of the interest, shall either
which they are expected to attain and arrange for another Minister to deal with
maintain as persons occupying high the matter or else give explicit
public office. authorization to the original Minister to
While the code of ethics of Ministers proceed with it/'rhat is to say when the
and parliamentary secretaries is strictly Minister discloses the interest, the Prime
not a matter for Parliament, and as I Minister can request him to either get rid
have previously mentioned would better of it or divest of it or arrange for another
be effected by communication between Minister to handle the matter which
members of the Cabinet, the Prime would appear to be in conflict to the
Minister and parliamentary secretaries, I private interest of the Minister, and in
think it would be useful for the public to any event the matter shall be recorded.
be aware of the standards which have The code provides that where a
been set out in this code for observance Minister is required to divest his
by Ministers and parliamentary interests, it would be unacceptable for
secretaries, and here I refer to the codes. him to transfer those interests to certain
At meetings of the Cabinet and its persons, for example, to his spouse, to
committees, a Minister shall disclose to another member of the family, to a
489 490
Code of Friday, 1st July, 1988 Ethics

nominee company or trust as the case were received by the Prime Minister
may be. The returns of Ministers' while he was in office. I know other
disclosure of interests shall be made to Ministers have been doing the same
the Prime Minister and shall be kept in a irrespective of the value of the gift
Register of Interests, on a confidential whether exceedings $500.00 or not
basis by the Secretary to Cabinet. exceeding $500.000.
These are the kinds of interests which Article 8 of that code provides that a
the Minister is required to disclose. A Minister shall not accept or receive either
beneficial interest under any trust or directly or indirectly any fee,
company with a statement of the nature compensation, gift or reward for or in
of operations of the trust or company. respect of or in connection with the
Any trust of which the Minister is a promotion of or opposition to any matter
trustee, with a statement of the or thing submitted or intended to be
beneficiaries and the nature of the submitted for the consideration of
operations of the trust, partnership and Cabinet or any of its committees. So that
joint venture interests with a statement when a matter comes before the Cabinet,
of the nature of their operations, the a Minister in respect of that matter
Minister's liabilities, shareholdings, whether promoting it or opposing it
land and property owned by the shall not accept any reward or fee as the
Minister. In the case of directorships, case may be. The basic principle
the Minister shall resign directorship in involved here is that a person must not
all companies. Ministers shall cease to use his public office for private gain.
engage in professional practice and shall As an extension of that principle and
cease to be involved in the daily routine in respect of the need to promote
of any business. Those are very clear confidence, he must not even appear to
prohibitions. be using his public office for private
gain whether it be in the course of
There are also provisions relating to business or in the exercise of his
gifts. A Minister is required to report in professional or in respect of the receipt
writing the receipt by him in the course of gifts or rewards as the case may be.
of his official duties of any gift from any All of that is out. There are exceptions in
foreign government, any corporate or the case of minor courtesies, for
unincorporated body engaged in example, gifts here not exceeding
business or individual. The gifts above $500.00 in value which are received as
the value of $500.00 shall be deemed courtesies. A Minister may visit a village
the property of the State. There are some council 'for exampl.or a village and /
of us who have been recording all gifts receive'a gift from the goodwill of the
that we have received since we came villagers an( /the value does not exceed
into office. I myself have a register of $500.00; he will be permitted to keep
gifts in the Prime Minister's Office, the that gift. As I have said all.such gifts in
number of which now exceeds one the case of the Prime Minister are in any
hundred.and those gifts are all described event in a register and I will advocate the
and identified so that anyone at anytime same in respect of certain Ministers of
now or hereafter can see the gifts which the current Cabinet.
491 492
Code of Friday, 1st July, 1988 Ethics
[HON. A.N.R. ROBINSON]
2.10 p.m. cost. And I am confident that this
Parliament will make every effort in
It is extremely important. This is not a order to set the standards which have
matter to be taken lightly. Every step of been enunciated in this document in
this nature that we take, whether in these codes of ethics, both the
respect of the amendment to the Parliament and the Cabinet, and that
Prevention of Corruption Act or the there would be some kind of example
Integrity in Public Life Act, and the set from this level and from the Cabinet
introduction of the Integrity level for others who hold public office
Commission which is now being in this country.
constituted, which has an office and
which will soon be functioning under The kinds of revelations which have
the Integrity Act as it is intended to been taking place and which continue to
perform, whether in respect of any of take place are no cause for pride for any
these matters, it is a matter of the utmost of us as citizens of this country, and it is
seriousness and requires that kind of our very solemn duty, an extremely
approach from parliamentarians. solemn duty, on all of us to assist in
every possible way to clean up the
There has been a great deal o f public life of Trinidad and Tobago. And
cynicism in this country regarding the in the little way that we can do in the
conduct of parliamentarians in public presentation of this code of ethics along
life, to the extent that it is almost felt that with the rest of the elements of the
to be a parliamentarian is to be subject to programme to promote integrity in
the presumption of being corrupt. It is a public life, we are happy to do so and
very unfortunate state of affairs in we invite Members on the other side to
Trinidad and Tobago and I think we all join with us in a demonstration of
should do everything in our power to complete unanimity concerning the
remove that stigma which has come to standards that we should observe and
be attached to public office in this the need to observe those standards and
country. set an example to the rest of the country.
It is not the only country where I thank you, Mr. Speaker.
politicians are very often labelled with Question proposed.
that kind of stigma, but action is taken
and action is seen to be taken in many Mr. Morris Marshall (Port-of-
countries where persons in public life Spain East): Mr. Speaker, possibly it is
fall below the required standard and coincidence that today we have in the
infringe, at least, principles of law and galleryat least)students from two
in many instances, ethical principles. educational institutions while we discuss
There is no reason why we cannot do a matter of this kind.
the same in Trinidad and Tobago. We all Firstly, let me make the point that the
aspire to the higher standards in public PNM today will support any measure/
life. We can attain to the higher that will assist in bringing about
standards in public life. It should be our improvement in the standards in public
determination to do so regardless of the life. That has always been the position

/
/
493 494
Code of Friday, 1st July, 1988 Ethics

of the People's National Movement in Secretary of the party that runs the
the past and it is still so today. affairs of the country, paying with
Notwithstanding what people may public funds to see about the affairs of
say, that is in fact, the position of the their party while they talk about the
People's National Movement. So we on question of a lack of funds and so on.
this side, will continue to support any And they are so brazen with it.
measure, or measures, that would assist Secretary of the NAR, is a Minister of
in this direction. Government being paid by public
What really is the objective of this funds? We are not following any
motion before the House today? You bandwagon. The PNM was the first to
see, while the Government continues to raise this issue. It is unethical.
talk about ethical standards, about high Mr. Robinson: Mr. Speaker, may I
moral standards, about parliamentarians ask the Member, how does that violate
behaving in a certain way, and so on, this code of ethics? What provision does
notwithstanding what they may say/and it violate?
they seem to be the only people ho
think otherwise, it is clear to the entire Mr. Marshall: Mr. Speaker, I do
country that every single day, they not even think I need to respond to that.
themselves are breaking some of the That is the dishonesty of what is
basic and important principles that emanating from the corridors of power.
govern high moral standards in public Mr. Speaker: I am following your
life. arguments very, very closely, but a
There has been one deviation today word like, dishonesty, at this stage, I
coming from the Government and that think it is inappropriate. I do not want to
has been the announcement that the detract from what you are saying.
Parliamentary Secretary in the Ministry Continue. But I wanted to put that on
of Food Production was dismissed the records and make it very clear.
yesterday. I want to congratulate the Mr. Marshall: I wish to withdraw
Prime Minister on that stand. I hope that that particular statement. But it is very
he will not stop there but will continue. I
hope that he will look very soon at the unfair. If today we are talking about
Member for Ortoire/Mayaro, who, while ethical ,standards, that, to me, is quite
he makes all sorts of utterances about clearly/totally and completely unethical
integrity and principles and so on, and it is clear for any thinking person to
continues to embarrass not only the see then you come and ,yoi ask
Government but the country as a whole. a ques'ckm at this time. So they need to
Let us look at some specific areas. deal with that type of situation, Mr.
Here we are today talking about the need Speaker and give the country the
for a certain type of behaviour by impressiOn by their deeds that they are
Members of Parliament. You have the serious about developing and inculcating
same Government who appoints as in the Members of Parliament high
Minister without Portfolio, the General moral standards.

//
495 496
Code of Friday, 1st July, 1988 Ethics
[MR. MARSHALL]
2.20 p.m.,1 . Member for Port-of-Spain East, in
Let us say, forjargument. sake, that examining what is before the House,
the entire PNM thbinet was corrupt, that wishes to make any comparison or he
they stole everything? How can he wants to make any reference to any
justify that in 1987 and in 1988 when item, I would advise the hon. member to
the same Government who campaigned ensure that there is some kind of
on that particular matter, this whole connection between what he is saying
question of corruption, is today by their and with what is before the House. That
own behaviour—and they are so brazen is for his guidance.
that the/come here today with this Mr. Marshall: Mr. Speaker, clearly
particul'ar motion. Mr. Speaker, we go there is a connection because we are
further. We are talking about high moral talking about high moral standardqand I ,.
and ethical standards. am saying there is contradiction in what
Let us look, for example, at the they are putting before the House today
Government's behaviour with respect to by their very behaviour over the last 16
the question of drugs. You have that to 17 months that they have been the
infamous Drug Report. Based on that Government and that is my point. More
over 50 police officers were suspended than that, the hon. Member for Tobago
and five magistrates, I think, were also East the hon. Prime Minister, talks
suspended. The report never made any about my behaviour in more recent
statement about any particular previous times. I am not the previous PNM
Cabinet Minister. regime. Let it be clearly understood that
I am going to fight to the death anybody
Mr. Robinson: Mr. Speaker, on a who attempts to discredit Morris
point of order, the hon. Member is Marshall, so he had better have
irrelevant. We are discussing a code of information to back up the statement he
ethics, the provisions of which are is making.
clearly stated. If he is going to open up I am not going to tolerate that. If they
the debate in that fashion, it is going to wished to tolerate that in the past, that is
lead to a whole examination of the a matter for them. Any time they wish to
record of his previous Government and make accusations about the Member for
his own record within recent times. Is Port-of-Spain East, I am going to
that the kind of debate that should ensue demand that they bring facts to support
on a matter of this kind? the allegations that they are making
Mr. Speaker: The subject that is against the Member for Port-of-Spain
under discussion—[Interruption] May I East. So I am not accepting that at all. I
have some order please? The subject have no desire, no urgency to be in this
under discussion is a code of ethics to House among Members like you all,
be observed by parliamentarians and a absolutely no urgency or interest—
code of ethics for Ministers and [Interruption]
Parliamentary Secretaries. It has to do I have made the point about my
with the behaviour and the conduct of resignation and that is clear. I can
Members of Parliament and if the hon. resign in the morning. All of you put
497 498
Code of Friday, 1st July, 1988 Ethics

together, through you, Mr. Speaker, the DEWD programme in 1987? Can we
cannot beat Morris Marshall in East say that with respect, Mr. Speaker—
Port-of-Spain at this particular point in Mr. Robinson: Mr. Speaker, again
time. So that is not an issue. I rise on a point of order. I am
I am saying, Mr. Speaker, through mentioning this and it is the third time I
you, that there is need for a certain kind am rising because I should like to see
of behaviour. One of the most critical standards maintained in this Parliament
issues facing this country today is the and if the Member is going to use this
question of drugs and on the basis of the occasion where we are not discussing
report that I spoke about, I said before individuals at all—individuals are not
that there are certain persons who were being discussed. I deliberately kept
suspended. There has been talk about away from reference to any group or
previous Cabinet Ministers. People go individual, but if the Member begins like
as far as Washington and make all sorts this, there is going to be no end to that
of statements without bringing the kind of behaviour. I submit, Mr.
evidence, discrediting not the PNM, Speaker, that it is irrelevant and it is
understand that, they are discrediting unworthy of this Parliament.
Trinidad and Tobago. That is what they Mr. Speaker: Again from the
are doing. And while they make those documents that are before the House,
statements, one of their own party one has stated objects and the first that I
colleagues whose name was mentioned see before me is that:
in the Report, you send that person as
an Ambassador to Brazil. So what are "The objects of the code are to
we talking about today? It is nothing enhance public confidence in the
more than another sham, another con integrity of Parliamentarians by:
game on the people of Trinidad and establishing clear rules of conduct
Tobago that we will not support. reflecting conflict of interest for
Let us look on page 2 at the question Parliamentarians;
of the guidelines for Parliament. I am by minimizing the possibility of
dealing specifically now with the motion conflicts arising between the private
that is before us and the information interests and public duties o f
here on page 2, item 7 says: Parliamentarians
"A Parliamentarian shall be open and By making reference to someone who
honest in official dealings with has been appointed as an ambassador,
colleagues." etcetera, has nothing to do with
Can we say that about the treatment of parliamentarians and a code of ethics.
even their very own Members, Mr. What we have to do is to discuss this
Speaker? Can we say that about the document as it affects parliamentarians
treatment of the hon. Member for St. so that I should like the hon. Member
Joseph, I think it is, and the Minister of for Port-of-Spain East as I say, to link
Works ir the hon. Member for up whatever he says to the documents
/ Tabaquite in dealing with the question of that are before the House.
499 500
Code of Friday, 1st July, 1988 Ethics
[MR. SPEAKER]
The hon. Prime Minister has indicated We will support any measure that will
that Members should not deal with effect and facilitate those standards, but
individuals. It is the ruling of the Chair I have great difficulty in really accepting
that if, in the name of freedom of speech that the Government is sincere about
as a basic privilege in this House, the what it says here,whenA put that against
Member feels it is necessary for him to what I have Zn sethng over the last
call names in order to further discussion year and a hand I think that before
on these two documents, I emphasize, they come to this Parliament with yet
further discussion on these two another sham on the people of Trinidad
documents, and calling of such names is and Tobago, they need to put their act
relevant to the discussion of these two together, they need to really look
documents, you may proceed. But so inwardly at themselves because the
long as he does that outside of these two country is watching and the country is,
documents, I will rule him out of order. in my view, absolutely fed up with the
Mr. Marshall: Mr. Speaker, I am con game and the fraud that they have
trying to show a question of attitudes, a perpetrated on the people of Trinidad
question of behaviour. It is not my and Tobago. Unless they can establish
concern about the personalities who may that they are serious we on this side will
be involved, but I am talking about a not support any of these measures
certain type of behaviour which which we know is yet another
contradicts what is before us here. That opportunity on their part to pull the wool
is my point. It contradicts this document over the people's eyes.
before us and I am saying that we can Mr. Speaker, I say again that we
come here every single Friday and bring cannot support a measure of this kind
a new code of ethics to be observed by because we do not think the
parliamentarians, unless we are sincere Government is serious; and that we
in what we are about, unless by our want them to establish by their
very attitudes, by our very behaviour behaviour, by their attitudes over the
and our very standards that we set for next few years, that they are serious,
ourselves, we can show we are serious then they can return to the Parliament
about what we are trying to get across, it with a code of ethics that they wish
will make absolutely no sense. parliamentarians to observe. Thank you.
Mr. Anthony Smart (Diego Martin
2.30 p.m. East): Mr. Speaker, before I get into the
It is extremely difficult for those of us meat of my presentation I should like to
on this side to accept that the say "let him that is without sin cast the
Government is serious about what they first stone." I direct those remarks to the
presented here today. I repeat 1 -we in hon. Member for Port-of-Spain East,
the People's National Movement, who, during the course of the Local
because of the crisis situation that this Government Elections Campaign said to
country is today facing— require that we all the world that he would resign if the
.1
have people at the helm who can provide PNM lost the local government election.
a certain kind of standard and guidelines It was clear, it was unequivocal and
for our people, especially our youths. unambiguous.

/
501 502
Code of Friday, 1st July, 1988 Ethics

Mrs. Donawa-McDavidson: Mr. became actively involved in polit d


from all I have learnt—I may be ~tnmgi,
,

Speaker on a point of information. May


I be advised if the introduction to the I am sure I am not—there is absolutely
debate by the hon. Member for Diego nothing wrong or questionable about the
Martin East is relevant to the code of Member for Caroni East, the General
ethics, based on the objections made by Secretary of the NAR, being a Minister
the hon. Member for Tobago East? of Government, a Minister without
portfolio. It happens in all jurisdictions.
Mr. Speaker: He was just warming As a matter of fact I seem to recall that in
up, I think he is finished now. the administration of the PNM there was
Mr. Smart: Mr. Speaker, the hon.
a certain Minister, I think his name was
Member for Port of Spain East is still W. J. Alexander, who was a Minister
with us today in spite of the results. We without portfolio. So that it is mere
are happy to have him here because by obfuscation on the part of the Member
the contributions he has been making he for Port of Spain East to stand up here
makes our job easier and we can address and to suggest—
our minds to much more difficult Mr. Sudama: Would the Member
matters facing this nation.
give way to a question? Is the Member
The Member also said that his Party implying that a NAR Government is now
has supported and will support any following procedures laid down by the
measures which promote integrity in PNM?
public life/but it is difficult to understand
how he (An say that when the measure Mr. Smart: Apparently the Member
promoting integrity in public life, for Oropouche did not hear when I saidh .
contained in the 1976 Constitution—a
requirement of the Constitution, I that in jurisdictions all over the world
believe it is Chapter 10, a whole Chapter which follow the parliamentary
of the Constitution devoted to the traditions that we follow, there are
Integrity Commission! For 10 whole Ministers without portfolio in the
years that provision ofthe basic law of Cabinets. In Jamaica there was a Mr.
the land was neglected and actively so Hector Winter who at one time was a
by the former administration, run by the Minister without portfolio, so that it is a
PNM party. So I am really surprised that noifloint on the part of the Member for
the Member for Port of Spain East can Por'of Spain East.
stand up and make the sort of statements
that he has made. Mr. Speaker, I support this motion
He has made reference also to the fact wholeheartedly I see it as yet another
that the Member for Caroni East is now step taken by the Government of
a Member of this illustrious Cabinet of Trinidad and Tobago to develop a
Trinidad and Tobago. I studied politics culture of accountability and openness—
formally during my years at university I think the Russians call it "glassnost"-
and I studied politics to some extent the Member for Couva South might be
from those years until 1979, when I able to help me.
503 504
Code of Friday, 1st July, 1988 Ethics
[HON. A. SMART]
2.40 p.m. that power may, for the purpose of
As the hon. Prime Minister has said, making the written law effective upon
this Government has already brought its commencement, be exercised at any
into being the Prevention of Corruption time after the passing or making
Act which makes specific reference to thereof;"
Members of the House of So that that provision of the
Representatives and Members of the Interpretation Act clearly allows for the
Senate and proscribes certain kinds of appointment of commissioners under the
behaviour and indeed imposes prison Integrity in Public Life Act before the
terms and very onerous fines for the proclamation which took place
kinds of behaviour proscribed. And the yesterday.
Integrity in Public Life Act provides for Mr. Speaker, it is my personal view
Members of this House along with that the most important and most
Permanent Secretaries, Chief Technical difficult task facing this Government is
Officers and Ministers to make not to turn around the economy,
declarations to the Integrity Commission although I think that is probably the
of their assets and liabilities. Those second most important task of this
declarations will be confidential and not Government, but I think the most
open to the public. Only the important task is to get the nation to
Commissioners will have access to focus once more on the noble qualities
those declarations. As the Prime and noble virtues of mankind. The task
Minister has said, that Act was also is to convince the nation that it is
proclaimed yesterday. So that within the worthwhile and that there is reward in
next three months we, the Members of pursuing all that is noble in the nature of
this House, will be required by law to man. I refer to virtues such as honesty,
make our declarations to the Integrity respect for one's fellow man, dedicated
Commission. service and application in whatever field
Mr. Speaker, while we are on that of endeavour one finh oneself and of
point, there has been some debate as to course, integrity, and so on. It must no
whether the commissioners were longer be the case where the slick and
properly appointed under the Integrity in the 'smartman' succeed.
Public Life Act. There is absolutely no Mr. Sudama: You are not referring
question about the propriety of those to yourself?
appointments if one looks at section 43
of the Interpretation Act. I shall read the Mr. Smart: Not myself, no. And
part that is relevant in this case. Section where the lazy and those who have
43 says: connections in high places are rewarded.
It is going to be an extremely difficult
"Where a written law that is not to task but for me it is the most important
come into force immediately on the task of this Government here today.
passing or making thereof confers The baser qualities of man appear to
power— have dominated the nobler ones on a
(a) to make appointments; national and governmental scale over the
505 506
Code of Friday, 1st July, 1988 Ethics

decade or so that ended in the year 1986 decisions both in Government and
because of what I consider a elsewhere for the eventual good of this
combination of two factors; the easy nation.
availability of money and material things The leadership of the country must
and a government that eschewed demonstrate
morality in public affairs. Do not read can filter downthese to
virtues so that they
the rest of the society.
me wrongly, Mr. Speaker. I am not The leadership must set the example, it
saying that money is not important and
material things are not desirable. I think it must be a challenge to"do
must not be a question of as I say",
they are very desirable and good to Members of this Parliament, toleaders, the
"do as I
have. But what I am saying is that they do".
must be used and enjoyed in an
environment and on principles that We have before us two documents
promote and are consistent with the which have been exhaustively dealt with
noble virtues of man to which I have by the mover of the motion so that there
already adverted; honesty, integrity, is no need for me to go into any other
hard work and respect. aspects of the two codes. Depending on
one's
This task of restoring these virtues to not have view of politics one may or may
the noble and high vaulted place that subscribing difficulty or facility with
they must be at must begin with the Speaker, permit to the code of ethics. Mr.
leaders of the nation. Indeed it has quotations by certain me to refer to some
already begun with the leaders of the they consider their viewpeople of
on what
politics.
nation. Witness for instance, as I said
before, the passage of the Integrity in "A politician is one who would
Public Life Act. Witness most recently circumvent God."
the behaviour of the Member for St. That comes from Shakespeare's Hamlet.
Ann's West. I wish to congratulate him
for what he demonstrated to me as the Another quotation:
highest traditions of parliamentary "A politician—in friendship false,
democracy and I sincerely wish to implacable in hate, resolved to ruin or
congratulate him on his behaviour which
we all should pH emulate. to rule the State."
Mr. Sudama: He should have That is from Dryden.
resigned. Why did he not resign? Mr. Sudama: To whom are you
Mr. Smart: Mr. Speaker, I also referring?
wish to refer to the tolerance displayed Mr. Smart: I continue.
by the hon. Prime Minister which some "An honest politician is one who
people, to their detriment, have mistaken when he is bought will stay bought."
for weakness. I also want to refer to the
willingness on the other hand of the That comes from a man called Simon
hon. Prime Minister to take hard, Cameron, the Republican boss of
unpopular, but in my respectful view, Pennsylvania in the United States in
absolutely essential and necessary 1980.
507 508
Code of Friday, 1st July, 1988 Ethics
[HON. A. SMART]
"Idealism is the noble toga that serve the people of Trinidad and
political gentlemen drape over their Tobago. And that is the reason why this
will to power" Government has been able to introduce
That is from Aldous Huxley, The New in this Parliament, in such a short space,
York Herald, 24th November, 1963. so many measures to ensure that the
integrity of the politician)The integrity
I will give you some quotations, Mr. of the Government is presered.
Speaker, on politics—we are talking I happen to hold the view also that at
about the politician and politics: some later stage this Parliament, this
"You cannot adopt politics as a House1 should consider possibly—and
profession and remain honest." this is a matter that we can discuss as
Members of the House at a later stage—
This was said by a gentleman by the quite apart from the requirements under
name of Louis Mc Henry Howe, the Integrity in Public Life Act, to make
Secretary to Franklin T. Roosevelt. declarations—and of course, as I said
2.50 p.m. those declarations would be
confidential, private and would not be
Another quotation on what politics is: available to the public—as is done in
"The conduct of public affairs for England, setting up a Register of
private advantage." Members' Interests. The code requires
that Members make a declaration of their
One final quotation: pecuniary interests in the course of a
"In politics there is no honour." debate in the House or at committee
stage. I am suggesting, Mr. Speaker,
Mr. Speaker, I gave those quotations that one could look seriously at
purely to emphasize what the hon. introducing such a Register of
Prime Minister has said in his remarks Members' Interests.
about the view that is popular among a I wish to quote from a document
large number of people as to what called Register of Members Interests,
politics and the politician are about. dated 12th January, 1987 which was
I happen to hold the view, and the ordered to be printed.by the House of
members of this Government happen to Commons in England. It says:
hold the view of the famous well-know; "The House resolved in May, 1974
philosopher by the name of Aristotle as to establish a Register of Members'
to what politics is. He said: Interests and in June, 1975,
"...the good of man must be the end substantially agreed to a report from
of the science of politics.. the Select Committee on Members'
Interests which set out the purpose
And we in this Government believe that and scope of the register and
politics must serve the people, must arrangements connected with the
serve the good of man; that is what registration of interests.
politics is about. You are there to serve,
you are there at the highest level in the The purpose of the register is to
society in order to serve mankind and to provide information of any pecuniary
509 510
Code of Friday, 1st July, 1988 Ethics

interest or other material benefit which remunerated directorships of


a Member might receive which might companies, public or private;
be thought to affect his conduct as a remunerated employment or
Member or influence his actions, offices, ministerial office and
speeches or vote in Parliament and membership of the European
Members are required to have this Parliament. . . do not need to be
general purpose in mind when registered..."
determining what interests should be
properly declared. They may, if they because of course that would be public
think it right and relevant, disclose knowledge.
interests beyond those set out below. remunerated trades, professions or
The scope of the register, devised by vocations."
the select committee and adopted by and it goes on giving some details.
the House, seeks to balance, on the
one hand, what should be publicly "the nameslcompanies or other bodies
known about Members of Parliament in which 4he Member has; to his
with, on the other hand, the proper knowledge, either himself or with or
degree of privacy to which they and on behalf of his spouse of infant
their families are entitled. They are not children, a beneficial interest in
required to disclose the amount of any shareholdings of a nominal value
remuneration or the benefit they may greater than one-hundredth of the
have, nor the interests of spouse or issued share capital."
children except in circumstances That may not be relevant in this case,
relating to shareholdings. but I quote this Mr. Speaker, purely to
It is left to individual Members with give Members of this honourable House
or without the advice of the an insight into what is this Register of
Registrar Members' Interests.
that is the person responsible for One is not required to make a detailed
receiving the declaration of Members' public declaration of what one's assets
interests - and liabilities are, but the register would
give vital information to the public as to
"to give the required information, the nature of a Member's financial
and any inconsistencies in style or interests and holdings, so that the public
content that are apparent in the register would have some idea when a Member
spring from that fact. Each Member is is involved in debate—he would still be
responsible for what is recorded about required, no doubt, in any particular
himself here as each is answerable to debate under our code of ethics, to make
his fellow Members and to the public. a declaration once he has a pecuniary
The nine specific classifications interest in respect of the matter being
debated—but the register would be there
under which Members have been for the public to have some idea as to
required to register their interests what the pecuniary interests of a
are:- Member of this House are. And I think
511 512
Code of Friday, Istfuly, 1988 Ethics
[HON. A. SMART]
it is all part of the effort on the part of contribution to public confidence
this Government to have openness, to which a carefully designed register
emphasize the importance of integrity in could make. It would help to show, in
public life. conjunction with oral disclosure at
3.00 p.m. meetings, that councillors have
nothing to hide. It would help to
Mr. Speaker, there have been some scotch the groundless suspicion which
objections, arguments against the malice can now attach to innocent
question of whether Members should people. From the elector's point of
register their interests, their pecuniary view the register would give a more
interests and otherwise. I quote from a accessible picture of the member's
report of the Royal Commission on general background than the record of
Standards in Public Life which report specific disclosures at meetings and
was presented in the Parliament of would for that reason be a more
England in July, 1976. The Chairman of convincing demonstration of
that Commission was the Right Hon. openness."
Lord Salmon. They were talking about Mr. Speaker, I adopt the arguments of
statutory compulsory requirements for the Royal Commission and I want to
members of local government bodies in suggest to this honourable House that at
England to register their interests. At some later stage%consider whether we
page 47 it says: would want to go that route. And in this
"The following objections may be document that I hold in my hand, the
made to a statutory compulsory "Register of Members Interests", I
register: It would not stop the would just quote for you one or two
deliberate wrong-doer. It would not declarations of interests made by
give an up-to-date picture of the Members. As I said, this document is
interests of a councillor whose dated 12th January, 1987. I quote:
holdings in securities or land change "David Alton, Member for
frequently. It would create a (Liverpool, Mossley Hill)
presumption of suspicion about the
affairs of councillors and would Trades and Professions:
amount to requiring them to prove Occasional articles, television
their own innocence. It would be an contributions and lectures.
intrusion on the reasonable privacy of The register also provides for
the councillor. It would be valuable disclosure on visits overseas.
only as a public relations exercise. Overseas Visits: 1986, visit to
And, perhaps most important, it Nepal and China, sponsored by the
would deter potentially valuable Christian Solidarity International;
councillors from serving at all."
1986, visit to Norway, sponsored
The Commission goes on to say: by the Norwegian Liberal Party;
"We do not dismiss these objections 1986, visit to the Far East
lightly but we are satisfied that they sponsored by the Hong Kong
are outweighed by the substantial government;
513 514
Code of Friday, 1st July, 1988 Ethics

1986—visit to Oman sponsored "In other respects, the powers,


by the Oman Government. privileges and immunities of each
There is another declaration by House and of the members and the
Richard Alexander of Newark. committees of each House, shall be
such as may from time to time be
Directorships: Icepick Ltd. prescribed by Parliament after the
(unremunerated) commencement of this Constitution
Almawahe Ltd. (unremunerated) and until so defined shall be those of
Employment or Office: Consultant the House of Commons of the
to Jones Alexander & Parliament of the United Kingdom and
Co. ,.Solicitors, Retford. of its members and committees at the
Consultant to Rindalbourne Ltd. commencement of this Constitution."
Trades or Professions: Solicitor So if we are entitled to the powers and
privileges and that was of 1976 and this
Overseas Visits: April 1986, visit resolution of the House of Commons in
to New York and Washington for England was in 1974 for the
six days as guest of British Airways introduction of the Register of Members
and British Tourist Authority, as Interests, if we can have the powers and
part of a delegation of Conservative privileges maybe we can also have the
Backbench Tourism Committee. responsibilities.
There are other declarations. There And with those responsibilities that
was one that I came across by a we on this side are advocating and these
gentleman—The Rt. Hon. Richard Luce high standards of behaviour that we are
Shorehom—who in his declarations put advocating /I want to suggest that in a
"Nil". So it appears that he has no trade better time when this country has turned
or profession, he has no interest in around economically—and I have no
companies, no directorships, no doubt that it will—one should look at
financial sponsorships and things like the question of the remuneration that
that. Members of this honourable House now
Mr. Speaker, it is interesting to note receive. Because as I insist we are
that section 55(3) of our Constitution advocating the highest standards of
provides for the powers, privileges and behaviour for the gentlemen of this
immunities that are applicable to the honourable House who are the leaders
House of Commons in England. Our of this country, who are responsible for
Constitution was brought into effect in the fortunes—[Interruption] In this case
1976. Section 55(3) says that those masculine includes the feminine—ladies
powers, privileges and immunities will and gentlemen—who have an awesome
apply to the Parliament of Trinidad and responsibility to lead this country. I am
Tobago until such time as the Parliament afraid these ladies and gentlemen at this
itself prescribes for those powers, stage carry a burden insofar as
privileges and immunities. I quote for remuneration is concerned that ought to
the benefit of hon. Members section be alleviated when the time is right.
55(3) which says: Now, this is not a complaint. We on this
515 516
Code of Friday, 1st July, 1988 Ethics
[HON. A. SMART]
side are happy to serve in the introduction of the computer systenine
circumstances in which we find is finding that the public at larg& has
ourselves, and we consider it an honour come to understand—and this is an
to serve. But when one finds that the indication that the attitudes of the people
Ministers of the Government of Trinidad of Trinidad and Tobago are changing
and Tobago do not receive remuneration because of responsible leadership—that
and emoluments and perquisites equal to one must not go to a Member of
persons at a lower level within the Parliament for a job. But because
Government of Trinidad and Tobago, systems are in place, they are following
certainly there is just cause for looking the system and understanding the
at the situation at a time—I emphasize system and they know that they will be
once more—when we are in a position fairly treated. That is an indication—I
to do so. think I am now back on course—that we
3.10 p.m.
on this side are developing within the
population by our example of the
It is important that this be said because highest standards of integrity among the
I am afraid that sometimes one feels that public at large.
these things ought not to be voiced, but
if they are voiced properly and in the It is interesting to note that just a
proper context, I think the public of couple days ago I was conversing with
Trinidad and Tobago will understand. the chairman of a statutory authority and
We on this side are prepared to make the before the authority was the question of
sacrifice, we are making it happily and employment of a high official in that
we will continue to do so in the interest authority. That chairman was happy to
of the people of Trinidad and Tobago. report to me. He said that the authority
had received a number of applications
As we are on the question of and considered those applications and
standards of behaviour, I crave your not on one occasion was any
indulgence in allowing me to drift just commissioner of that authority
slightly off course because I think it is approached by any member of the
important that we deal with the question Parliament, Government or Opposition.
of attitudes of certain persons in public Not one approach was made to that
life. I want to focus particularly on the authority in respect of the matter of
question of the Labour Intensive employment of the high official in that
Development Programme. You shake authority.
your head, Mr. Speaker, I thought I
should raise that just to indicate that I think that is an indication of the
once systems are put in place for the direction in which the Government is
employment of persons as has been going. But of course it is not going to
done in the LID programme, you will happen overnight because I can give you
find that persons will understand that the another anecdote of another person who
Member of Parliament is not the person approached me. Again it was a question
responsible for dispensing jobs and of employment in a senior position in a
dispensing largesse. Mr. Speaker, in the state enterprise. The person made his
LID programme-- because of the application and sent it in, be it to the
517 518
Code of Friday, 1st July, 1988 Ethics

chairman or whoever he had to send the Therefore, ethics is nothing new,


application to, but then he came to me whether it is in the Koran, Hadith, the
and gave me a copy of the application, Bible there is a guide. Apart from the
having already sent the original in as he masters who came at various periods in
was required to do. He gave me a copy our lives and those who are with us at
of the application and asked me to pass present and followed by the leaders,
it on to the chairman, clearly indicating whether they be swamis, imams,
to me that I should go and make some bishops, etc/in all religions and in all
representation on his behalf for the walks of life,' they also talk about these
purpose of getting that job. I was very values.
polite to him. I still have that If,therefore, coming from the
application. I have not approached that expressions from the hon. Member for
chairman nor will I do so. Tobago East, it is indicated that there are
We are in the process of changing the problems with people who enter the
attitudes of the people of Trinidad and field of politics, then/obviously)-it is a
Tobago. It is an extremely difficult job, reflection of the value of the people of
but if we the leaders of the country the country at large. It is therefore very
demonstrate by our example a important if in this very era in which all
willingness to be honest, to have of us live we are able to discover and
integrity, the population will follow. I indicate their areas of weakness, one
want to close by heartily supporting this must not give the impression that in
motion. I have no doubt that the entire discussing these areas of weaknesses,
House will do so. one is exempting oneself from areas of
weaknesses likewise.
Thank you very much Mr. Speaker Mr. Speaker, the People's National
Mrs. Muriel Donawa-McDavidson
Movement from its inception following
(Lavenrille): Mr. Speaker, first of all I
on the masters of the universe and
should like to apologize for getting here recognizing the necessity and need for
after the hon. Member for Tobago East the highest ideals not only in public life,
spoke on this motion. Just in case some but human behaviour generally,
of the points that I will raise were emphasized and reiterated those
covered, I will wish him in his response qualities. One of the main planks of the
to deal with these points. People's National Movement w a s
morality in public affairs. The party was
When one looks at the code of ethics of the view that in order to bring that
and listens attentively to some of the sense of value around it was important
submissions, particularly from the to educate in order to emancipate. It
Member for Diego Martin East, one is would mean therefore whether it is this
reminded of all the masters of this Government, the Government to come,
universe who came at various periods in previous governments, whether it is this
the life of mankind to draw to the country, a large country or small
attention of the people the need for good country, it is obvious that one has to
conduct, the need for morality and the work harder at the true and real values
need for people to live together. which humanity possesses.

- -

/
519 520
Code of Friday, 1st July, 1988 Ethics
[MRS. DONAWA-McDAVIDSON]
It seems therefore that it is very of our independence but lifting the
necessary and essential for this quality of life of citizens generally. And
Government as well as the government what he said to me was, that politics is
of the People's National Movement that the art of all that is possible in the
will be returned, to see what they might interest of the development of the
do in order to encourage the teachings of citizens of Trinidad and Tobago and the
human values in all the schools of citizens of the world. I have followed
Trinidad and Tobago. There is a good my politics in that context and I would
old biblical saying which tells us that hope that this is the only real definition
one has to be trained in the way in for politics.
which one should grow—and this is in To assume that there are areas of
reference to children—that when one weaknessps among politicians is
grows old it will not depart. unfortunate. I could not say that was the
When one gives the impression that intention because I did not hear the
Members of Parliament are corrupt debate from the very inception. But it is
without any reference to those persons human weakness, and it is human
in the community who might want to weakness that we must rise above.
corrupt the Members of Parliament, I I have looked at the motion one or two
seem to have great difficulty in having times and what occurred to me is that we
something done one-sidely. - any have established an Integrity
; appeal for morality in public affair3(for Commission and I am genuinely trying
any form of code of ethics must be an to relate the reference to the Integrity
,i appeal not only to the Members of Commission and to the Integrity in
Parliament, but to the society as a Public Life Act which the hon. Member
whole. for Diego Martin East indicated was
Mr. Speaker, I have spent the greater proclaimed yesterday. What is the
part of my life-32 years—in politics relationship between the Integrity
and I have another 32 years to go: the Commission, the Integrity in Public Life
choice remains mine because it is going Act and the Code of Ethics for
to be a long time before I am short of Parliamentarians? I would have assumed
any change. that if a code of ethics was to be brought
to Parliament, it would come from the
3.20 p.m. Integrity Commission. I am not certain
I should like to ask a few questions. what the term parliamentarian, means,
But before I do so I go back to the whether it means parliamentarian in the
contribution my the hon. Member for greatest context of Members of the
Diego Martin East. He gave a number of House of Representatives and/or
definitions of politics. The definition Members of the Senate. I would wait for
that I respect and love is a definition the clarification on that particular aspect.
given to me by the master and father of Mr. Smart: Mr. Speaker, for the
the nation, Dr. Eric Eustace Williams, information of the hon. Member for
who led this country politically very Laventille, allow me to state that the
successfully, not just to the completion Parliament has to regulate its own affairs
521 522
Code of Friday, 1st July, 1988 Ethics

so that one could not have an Integrity hon. Member for Port-of-Spain East—
Commission coming and voluntarily, or first of all I should indicate that all of us
without sanction of the law, telling the who listened to the hon. Member and
Members of Parliament what they his feelings behind his contribution,
should do and what they should not do. were clearly in the context of what one
I thought that I should clarify the doubts says as against what one does.
in the hon. Member's mind. [Interruption]
Mrs. Donawa-McDavidson: Mr. I am not disagreeing with him, but I
Speaker, again I have difficulty. If the am indicating that based on our
Commission cannot tell us what we discussions that we would support the
should do and what we should not do, code of ethics which, iqas explained to
then what is the purpose, or the value of me by the hon. Member for Diego
the Integrity Commission? Martin East, it is that those of us who
Mr. Smart: The Integrity are here in Parliament are establishing
Commission will receive from Members for ourselves a code of conduct as to
of Parliament in a confidential way— how we should proceed. Me hon. /

that information is not going to go out to Member for Diego Martin East—and I
the members of the public or to other noted with great interest—very politely
Members of Parliament—the details of indicated that at the right ti.aiig the need /

that parliamentarian's assets and for xke increases in salaries 'to Members
liabilities, what directorships he has, of Parliament/I would never miss an
what properties he owns and so on. opportunity t& also seek to ask this
Whereas what we are doing here, the Parliament, because I have got to live as
code of conduct, is stipulating for the every human person has to live, and I
Members among themselves a code of am due annual leave that I have worked
behaviour that they must adhere to, for 32 years of my life and I would hope
albeit voluntarily. that the hon. Member for Tobago East—
Mrs. Donawa-McDavidson: I going I think this is the last time that I am
had a little note here that these rules in I will to make my appeal in Parliament;
make it in public with a public
the code of ethics appear to me and are demonstration] I
following obviously on what my appropriate timè with a placard at the '
/

previous idea was, that it came as a club able to get $33,000 owedweek
every until I am I

or an organization that is putting rules pay that I worked for very hard,assoleave
to me
that
and regulations for itself. Is that the I can invest that money and assist other
similarity? I think that is the main
concernj Whether in fact we were doing people
avoid
who are seeking employment to
them from stealing and robbing
as other organizations, establishing rules and killing, and adding my little quota to
and regulations for ourselves which do that particular area.
not in any way interfere with what
would come out of the Integrity I should like therefore, since the hon.
Commission. Mcmhcr n,irtprl vr mrit-h tr% rlilatp that
ST S.?LSSLFS %#%4 J% LSAn.ISS, n.J SLtt.'tL%dSSttS.

In the light of that explanation, I am the greatest of all quotes for this
certain that after discussions with the particular time in our era, and I refer
523 524
Code of Friday, L t July, 1988 Ethics
[MRS. DONAWA-McDAVIDSON]
specifically to Sri Satya Sai Baba who something and to act otherwise, Mr.
warns the population that in your Speaker, will not help any of us.
expressions and your desires to If therefore today, the hon. Member
condemn others, to find weaknesses in for Tobago East is appealing to us in
others, first of all you must do some Parliament to establish a code of ethics,
self-examination. And in doing that self- I hope that we will make every effort to
examination, seek first of all to correct adhere to it, because any code that is
those errors in yourself so that what you ideal may not be realized by any of us in
say to others will have the necessary this House in our lifetime, for since the
inspiration, energy and vibrations. He birth and creation of man, man has been
further warns us that money comes and striving for his own evolution which has
goes but morality comes and grows. only just begun. Because man is much
And since morality is an ideal, I would more than he appears to be externally,
expect that in every section of our which is simply the costume that we
community, not only reflected in the wear. And what really is man, as some
politicians, but reflected in the teaching of the virtues alluded to by the Member
of the teachers—I do not know which for Diego Martin East and some of those
comes first, whether it is teaching the values of courage, of determination, of
teachers or teaching the children, will power, of the desires to do wMeh is
because the child is father to the man or good and relevant, of all these things
the man is something to the child. I do that we cannot see?
not know which comes first.
I do not believe that any one of us is
3.30 p.m. in a position to judge. The one judge
that we all have is Almighty Allah and
But I should like—Mr. Speaker, for. the Christians, Almighty God. What
because of this beautiful country that I I would urge,/what we do means more
happened to be born in, where we have than what w say; how we act, the tone"
in this country aeig the best people of our voices that would help to be an
that we can find in the whole universe— inspiration and a guide for the rest of the
us to guard our tongues in the utterances nation to follow. I would look forward
we make in trying to condemn a past therefore, Mr. Speaker, that after today
regime and in 111ax trying to exalt in this honourable Parliament, Members
ourselves and putting down others. I will temper what they have to say. In
would like us to watch our words, our their desire to attack and condemn they
actions, our thoughts and everything can say the same thing in a completely
about us so that what we say about different manner. They can use the
ourselves will not be believed by us and approach of persuasion, of inspiration
believed by other people outside of and of encouragement and they should
Trinidad and Tobago. This is a beautiful use the school and the media, instead of
place and I have repeated time and using the media for a lot of the things
again, I have a commitment and an that we have, for the motivation, the
obligation to ensure that Trinidad and encouragement and the inspiration of the
Tobago remains beautiful. But to say citizens of Trinidad and Tobago.
525 526
Code of Friday, 1st July, 1988 Ethics

We are in very challenging times and by demonstrating that code of ethics so


this nation would, in fact, need the that one can look at you and recognize
support of each and every one of us and that there is something different about
when, therefore, the Member for Port- you than there is about other people.
of-Spain East talks with such feeling, it Thank you, Mr. Speaker.
is because he is relating to a large extent The Minister Without Portfolio
what is said as against what is (Dr. Hon. Bhoendradatt
demonstrated from how he perceives it Tewarie): Mr. Speaker, I had no
and how many people in Trinidad and intention whatsoever of speaking on this
Tobago perceive it. I therefore, Mr. motion, but I rise to support the motion
Speaker, would like to support the code and to respond to some of the statements
of ethics and to note that from where I of the Member for Port-of-Spain East.
sit, since the great exemplars are on the The Member for Laventille spoke of the
other side, that you know I have a spiritual masters and referred to the
whole pile of information here with me kingdom of what you might call the
but it just fell down. I am sure it fell other world. A Cuban writer has written
because the information that is now a novel called the Kingdom of This
there would be properly addressed, World and it is because we live in the
when I should have raised those matters kingdom of this world—
in the Parliament of Trinidad and
Tobago. Mrs. Donawa-McDavidson: Mr.
Speaker, I made no reference to the
I hope that whelT they are brought to kingdom of another world. Everything
the Parliament of Trinidad and Tobago, I have said here today is about the
the Members opposite will take the kingdom of this very world in which I
observations in the spirit that they are happen to be living. I simply drew
made and carefully examine them. They examples of what is being said today
are having a dose of their own medicine that was said of previous masters of
as parliamentarians, who when, because other periods. I never spoke about
of propaganda, misrepresentation, half worlds. I spoke about other periods in
truths, semi-truths, without finding the time including now, present, today.
cause and what is at the base of some
allegations—while it is good to get Dr. Tewarie: I stand corrected. The
information, one also has to be very intention was not to get into an argument
cautious of the very persons who bring with the hon. Member over the kingdom
the information to you. Because the old of the other world or the kingdom of
people have a saying that tells you, one this world, but it is because we live here
hand cannot clap and it takes two to in the kingdom of this world—
tango or two to create a conversation. Mrs. Donawa-McDavidson: Mr.
I therefore hope that all of us today Speaker, there has not been one single
would look upon this code of ethics and time in my discourse today when I made
its intention and first of all begin 1the reference to any kingdom.
implementation of this code of ethics not Dr. Tewarie: Mr. Speaker, I will
by looking at what others are doing but depart from that line. And I wish to say
527 528
Code of Friday, 1st July, 1988 Ethics
[HON. B. TEWARIE]
that because we live in a society of that we will prepare and present to
ordinary men and ordinary mortals, and Parliament legislation to establish an
in which at various points in time some Integrity Commission as required by the
govern and others are governed and Constitution—which has been done;.to
some are entrusted to higher office at introduce a register of gifts which is in
various points in time, there is need for keeping with the same tenor and
rules, guidelines, and codes and so on. intention of that legislation and to
A code of ethics for parliamentarians or introduce a code of ethics for Members
for Ministers is no different in a sense of Cabinet, Parliamentarians, public
from a code of ethics for any other servants etc. Today we have come with
segment of the population or codes the code of ethics for Cabinet and the
which govern any other institution in a parliamentarians. So this is in fulfilment
society. of our manifesto. And I want to state
here that I have a copy of the manifesto,
3.40 p.m. the Local Government Elections
But the difference is that a code of manifesto, the Constitution of Trinidad
ethics for parliamentarians and Ministers and Tobago and the constitution of the
of Government is a code of ethics for party to which I belong, the National
those who govern and those who wield Alliance for Reconstruction. A file is
power and those who make laws, and as made of these because they are
a result the code of ethics is for those important documents to which w e
who, in fact, wield power and influence subscribe and by which, in a sense, we
in the society. As a consequence, if you are governed. In fulfilment of one of the
start with codes at the top and if you and positions we took in the manifesto this
fix ethics at the top, chances are this code of ethics has been brought to
mood will be reflected lower down in Parliament.
the society, step by step, tier by tier and I must say that I came to Parliament
in the end you can have a society, based today in a rather good mood but I
not only on order, or on reason, or even became rather upset that the Member for
on justice, but you can have a society in
which there are such things as values Port of Spain East would use the debate
and a sense of right and wrong. and this Parliament to raise the issue
about my being Minister without
Perhaps, you can say that we were portfolio and General Secretary of the
part and parcel of the world of 1986 and party. I consider it very cheap politics to
the making of it because we were raise the issue here in Parliament, first
present, but we did not have control
before and the world as we found it after of all, because as he himself sai4/it was
1986 was a world that was not made in raised elsewhere by Members' of his
our image, and we cannot be own party; an secondly, because it has
responsible for that time, we can only be got some pulic play in various media.
responsible for now and as a result we The reason it is raised here is that the
have introduced a code of ethics in Member must intend that it becomes part
keeping with the commitment in our of the public record, therefore I feel it it
party's manifesto. The manifesto states important that I respond.
529 530
Code of Friday, 1st July, 1988 Ethics

The Prime Minister, of any country the Government; there are many courses
under the system by which we are in between those two extremes and we
governed, has full authority under the in our time are simply evolving our own
Constitution to select members of his model. The party system in this country,
Cabinet and to appoint his Cabinet and you must know in reality, only came to
he may chose to give them portfolios or this country in 1956 and we have never
not to give them portfolios; and that is a in a real sense had a two-party system as
fact of our system. Members of a is understood under the system of
political party who sit on the executive parliamentary democracy, and we may
of that party are people who are elected have that system, we may evolve into
by the members of their party to serve in another system, we may evolve out of
that particular position as party officials this one,I we do not know what the
or party leaders or party functionaries so future holds, but the point I am trying to
that they may do work in the interest of make is that the lines that you are
the party and on behalf of its members. drawing and the positions that you are
There is no incompatibility between a taking are not informed by any rationale
person holding an office in the political that I can see. I think it is incumbent
party and a person holding a Cabinet upon us as parliamentarians and people
post in Government with or without who are aspiring to leadership in the
portfolio. I want to make that point first country to speak and act on the basis of
of all. In fact, the very system which we information and it is not hard to acquire
have inherited and which we are information. There are books that are
evolving is a system of party available, there are systems to read
government. There are books that you about and ours is a new society in a
can read about it; one is The problem of world that is thousands of years old and
"party government, for instance; a copy has inherited systems that are very old.
of which I have here. They are not We cannot continue to play cheap
incompatible and I will illustrate the politics at the expense and at the risk of
case.because so much of what passes misleading the population.
for politics is simply mischief and so The second thing I want to say is that
much of the mischief that is part and there are many members of the political
parcel of the politics gains currency in party to which I belong who are also
the society and as a result of that it members of Cabinet and hold posts in
begins to influence public opinion. the party and the issue never became an
Therefore, it is important for me to issue before the General Secretary was
respond to this matter. made a Minister without portfolio. The
There is no incompatibility between a reason is very simple and the reason it
person holding high office in a political became an issue is that at the time the
party and a person holding high office in General Secretary was paid for the job
Government. There are various systems of General Secretary. When I was
of government, there are some in which General Secretary and a Member of
the party is of little consequence in the Parliament without any ministerial
governmental system; there are some in responsibility or appointment, I enjoyed
which the party is dominant in the life of an income from both the Parliament of
531 532
Code of Friday, 1st July, 1988 Ethics
[HON. B. TEWARJE]
this country as a parliamentary explain the policy especially to those
representative and an income from the who are critical of it."
party. I do not know if that is your own It goes on to talk about the party
case, Mr. General Secretary of the conference and so on. So the first thing
Peoples' National Movement. that it does iséstab1ishes
( as a party amember
link between
Mr. Speaker: Perhaps you might functioning and
functioning as a Minister.
end up in a row if you do not address You see, that is the problem. [Interruption]
the Chair.
At page 237 of the same book states:
Dr. Tewarie: Yes, I am sorry. I
realize I had run afoul of the Speaker. "Subject to minor qualifications, the
But once I was appointed to the Cabinet Prime Minister has a completely free
I immediately wrote to the Treasurer of hand in selecting his Cabinet."
my party, and that is documented, that I Some Ministers are with portfolio others
would accept no salary for the post, are without portfolio and these are also
understanding that in becoming a included if he chooses. The Prime
Cabinet member I could not morally Minister can also create new
accept compensation from any other departments and so on.
source. So that was done. Mr. Marshall: Mr. Speaker,
As I said before, the Prime Minister is through you, the Member is clearly
at liberty to appoint a Minister with or missing the point that we are making
without portfolio. I did not have the time here. I am being sincere. No one is
to prepare for the debate but in politics questioning the Prime Minister's
one ought to always be prepared. prerogative to appoint Ministers with or
Through you, Mr. Speaker, for the without portfolio. That is clear. That is
benefit of the Member for Port-of-Spain his prerogative. He can appoint them
East and also for all those who may be without portfolio, he can dismiss them,
listening, I simply want to read a few that is his prerogative. That is clear. We
paragraphs from this book, The British understand that. No one is questioning
Constitution and Politics which is about the role or the relationship between a
the system that we have modified and member of Cabinet and his party. That,
which is the system that we operate too, is clear.
today: Dr. Tewarie: What are you
"A Minister has various forms of questioning?
responsibility. He is usually an MP Mr. Marshall: What we are
and, like any other MP, he must visit questioning quite emphatically is the fact
his constituents, attend to their needs that the Member is holding a full time
and strike a balance between national position in his party and he is being paid
and local interests. As a leading with public funds to do so. Clearly that
member of his party, he will have to could never happen in the Peoples'
attend party committees, assist in the National Movement. That is the point.
formulation of party policy, and That is what we want you to deal with.
533 534
Code of Friday, 1st July, 1988 Ethics

Dr. Tewarie: That is a serious Mr. Speaker: When you are making
problem. It is a serious problem that is an address face the Chair, address the
involved here. Maybe I should not say Speaker, forget everyone else.
what I should really say. But this is a Dr. Tewarie: Mr. Speaker, that is
serious problem. From your point of good advice and I shall take it. I shall
view, reasonably, would the situation be leave that at this point, except to simply
resolved if the Minister without say that the Member for Port-of-Spain
Portfolio were made a Minister to whom East, in making his allegations and in
a portfolio is assigned and he continues casting aspersion, is on very weak
as General Secretary of the party? ground and it is simply on political
Would the problem be solved? Of ground that he stands because he knows
course, because then in your perception that the information is not available. I
I would be paid for an assignment, a can state here one of my responsibilities,
portfolio that I have been assigned. For I want to say to you, as has been done
instance the chairman of the ruling party in other places with other Ministers
is the Minister of National Security, he without portfolio, part of our very
works no less then I as chairman of the tradition, is to make the Minister without
party. He works very hard in the interest Portfolio the Leader of Government
of the party while he functions as Business which is a function that I
Minister of National Security and he is perform here. And there are other things
paid a Minister's salary. [Interruption] I that one does as a Cabinet Minister. But
shall give way once. that is irrelevant. But the point I am
Mr. Marshall: Mr. Speaker, justice making to you is that the payment is for
must not only be done but it must also the appointment of a Minister. If I
seen to be done. The chairman of his choose to do party work, if I choose to
party is not holding a full time position serve my party, I am elected by my
in his party. The position of chairman is party by a vast majority to be the
not a full time position. The position of General Secretary of this party for three
General Secretary is a full time position. years and in three years time my party
And we are saying that if you accept will decide again who is to be and who
one cent from the public purse to do is not to be General Secretary and that is
your work as General Secretary it is fine. That is party business, this is
immoral. That is the point that we are Government business.
making. Deal with that issue. All this is raised in the context in
Dr. Tewarie: I am not receiving one which an issue like that which is a non-
cent to do any work of the party. I am issue but has explosive value is used as
receiving a salary as a Minister of a means of undermining a very serious
Government and I do my work as a motion here. A motion which seeks
Minister of Government. One of my simply to establish rules of conduct, if
responsibilities. you like, for the highest office holders
in the land.
Mr. Marshall: It was set up that I want to say that in establishing this it
way— is perhaps useful to refer to one fact that
535 536
Code of Friday, 1st July, 1988 Ethics
[HON. B. TEWARIE]
I know for sure about the economic people have a natural propensity to
situation of the country and that is that in good, some to evil, most of us struggle
1972 when the poverty line of this to find the mean course and to choose
country was calculated at $161 per good in the end.
month, 25 per cent of the population The point is that codes of ethics such
was deemed to be living below the as this one are necessary in the arena of
poverty line. And in 1987 although the government, because a government
poverty line was raised to $1,100 in comes out of the practice of politics and
keeping with inflationary trends there is involves politicians. And all over the
still 25 per cent of the population living world, Mr. Speaker, politicians are
under the poverty line. The reason I people who are suspect and politics is a
make that point is to indicate that if you field of endeavour that people look upon
look at the people who have remained at with skepticism, sometimes with
the poverty line and below and you look disdain. And the problem of politics and
at some of the people who served in the government to anyone who is serious
last regime you will see by contrast their about society, and about building a
economic condition improved a s decent and humane society, is how to
opposed to the people within the system give credibility to the system of
who remained under that poverty line. government, how to give a certain
4.00 p.m amount of credibility to the arena of
But there is no evidence that I can politics so that people will not choose to
adduce here because I do not have the give up on the kingdom of this world,
evidence, but what I can say is that the and begin to think that the kingdom of
reality is glaring and stares one in the this world is just a time you pass until
face, and because of that it is important you can enter the kingdom of the other
to give signals to the population and to world. In order words, to make Jife
give signals to the people in the meaningful and reasonable for the
Parliament and to give signals even to ordinary people in the kingdom of this
the Ministers who govern, that there are world, it is necessary that people believe
rules by which this country is going to that at least in some places in politics
be governed and that we are serious and among some governments or among
about things like that. Because you see, some members in government, there is
the quality of any society is determined such a thing as integrity. And that is
in large measure by the examples of why these things are so important, Mr.
Speaker.
those at the top. And men and women
will be men and women, frail and mortal I would say through you, Mr.
and ordinary, they are not divine and as Speaker, to the Member for Port-of-
a result one needs to have rules, one Spain East, that the issue he raised is not
needs to establish guidelines and so on only irrelevant, but needless, and
[Interruption] To all men, all politically, I think while he may have
men.[Interruption] We all have the scored a point or hopes that he àf1, he
divine spark thougV it is the only thing must know in his heart that there is no
that makes life 'orthwhi1e. Some issue really, when he raises the issue of
537 538
Code of Friday, 1st July, 1988 Ethics

my being a Minister and being an officer that he would be a little more selective, a
of the party. little more restrained and more than that,
be a little more mindful of the fact that
But one of the problems in our society being here requires that one rise to the
and in societies such as ours, I think, is responsibility of leadership and evolve
an unwillingness and an inability out of the realm of mischief and spite.
sometimes, which stems not from lack
of ability but because of the barriers that I thank you very much, Mr. Speaker.
we create in nor looking squarely at our Mr. Kelvin Ramnath (Couva
own problems and trying to solve them South): Mr. Speaker, I want to assure
and therefore trying to evolve a system the Member for Caroni East who
and a method that is truly our own. We seemed very touched this afternoon, that
are quick to quote precedents of the past 1 would be dealing with what is to me a
and that is permissible of course, but we very serious matter, and not with
are evolving a system of our own, we matters which are of a domestic nature,
come out of somewhere but we are as to whether one gets salary or does
going somewhere too, and we are quick not, or one holds two jobs.
to go for the political kill, when in fact
what is required of us as leaders and as I want first of all to state that I have no
people who have been given a mandate problem with rules. I think the problem
to lead or an opportunity to offer we have in Trinidad and Tobago is that
leadership, is that we rise to the we do not have rules and certain people
occasion and to the opportunity. And make rules for themselves and are
instead of going for the quick politics, guided by those rules. So that the
one should begin to use that opportunity establishment of a code of ethics and
given to one to build and to lead and to rules by which people are bound would
educate and to carry the society forward. certainly go a long way in ensuring that
If we fail in our own dealings with each people know what they must do, what
other at this level, then we cannot they must not do and they know very
possibly succeed in establishing well the penalties and punishments and
reasonable relations with the rest of the rewards associated with matters of this
society. kind. I want to caution, however, Mr.
Speaker, as a member of the ruling
So, Mr. Speaker, I thank you and this part y—[Interruption] For the benefit of
House for the opportunity to say a few my friend from Oropouche let me state
words on this matter. I support the code that I am not suspended from the party,
of ethics and this motion brought by the I am a member of the party that is in
hon. Prime Minister before this House. government. [Interruption] I should like
I am saddened by the needless attack your protection, Mr. Speaker.
made on me by the Member for Port-of- 4.10 p.m.
Spain East and I hope that in future,
instead of simply being passionate about I want to caution that we do not
everything—every time he gets up he is attempt to emulate the PNM in our out-
in a rage about something—every issue pourings of concern for morality in
he feels equally intense about—I hope public affairs and integrity in public life
541 542
Code of Friday, 1st July, 1988 Ethics

to parliamentary democracy, to the also emphasized, that Parliament is a


functioning of Parliament since this code self-regulating body. Like other
of ethics is intended to be observed by professions we create the rules under
all parliamentarians. You cannot on the which we operate. And if we are going
one hand say that Members of the to accept these rules that have been
House of Representatives must accept or placed before us it is my view that a
are encouraged to accept these joint select committee of both Houses
provisions an(on the other hand have will be the best type of mechanism for
no means of establishing a code of reviewing what has come before the
ethics for members of the Senate. Parliament from the executivfand at that
Because really they are no different in stage the parliamentarians themselves
terms of their responsibilities. The only will make their own regulations, and
difference is that they could receive the they will be morally bound by those
same kind of treatment such as the one I regulations. When a joint select
received and be removed—they can be committee recommends a code of ethics
removed from the Senate. So that in for all Members of Parliament no one
matters of these kinds, matters which can say that he is not morally and
affect the conduct of politicians, what is otherwise bound by it because some
desirable is to establish a joint select executive handed it down and used its
committee of both Houses and to receive majority in the Parliament to approve it.
recommendations from that committee But this is exactly what is happening in
which would by and large be this case. And one must be careful that
unanimously accepted when it goes that we do not see an abuse of privilege. The
way. I have good reason to believe that executive must report to the Parliament.
this code of ethics if introduced in the That is one of the major responsibilities
other place will not see the light of day of the executive—that he reports to
as the integrity legislation under the last Parliament; he is accountable to the
government did not see the light of day. Parliament. Although the Prime
Because there were parliamentarians Minister, as stated and elaborated by the
who were committed to not having Member for Caroni East, has the power
integrity legislation passed. So the point to hire and fire, the Parliament also has
I am making is that we may very well be the power to hire and fire—Member for
paying lip service with one half of our St. Ann's West. We can say that we do
parliamentary system supporting the not want the Prime Minister. That is
code of ethics and the other half saying why the executive is accountable to us.
no. Now, Mr. Speaker, how on the one
So that, Mr. Speaker, I want to hand can you be accountable to the
recommend the establishment of a joint Parliament and on the other hand you
select committee and at a later stage of impose on the Parliament rules by which
my address I shall move the necessary that organization must function? It is
amendment. I feel quite sure it will immoral to do that. The Government
receive the support of the majority. will probably be accused of muzzling
I want to emphasize, as the the Parliament. I would suggest that
Representative for Diego Martin East they prevent that accusation from being
543 544
Code of Friday, 1st July, 1988 Ethics
[MR. RAMNATH]
made. Because the accusation may be feeling that a Government
made very shortly that there is an parliamentarian should not prosecute in
attempt to muzzle the Parliament to a matter before the courts of the country.
which the executive must report by Because the Government is the
using the majority that the Government complainant, so one does not want the
has in the Parliament. We must avoid magistracy or the judiciary to feel
that. When people have to obey rules uncomfortable: that before those
which regulate their own profession distinguished people is a member of the
they must agree to those rules, not in the elected government asking the courts to
form that is taken today when a motion do certain things. That might be
comes. something that we may wish to include
4.20 p.m. in the code of ethics, but we can only do
that when we sit down as
Mr. Speaker, this code of ethics is parliamentarians and participate in
government's policy. The motion before drawing up the rules which govern our
us is a government motion, but it should profession.
have been moved by a backbencher Mr. Speaker, if we look at another
through Westminster parliamentary section—Contents of Speeches—on
democracy style. I have been attending page 37, we shall see that there are
CPA meetings, I have not heard much of provisions with respect to comments on
what is happening with CPA these days, matters where a judicial decision is
but these are matters that are discussed pending. You will see that you cannot
at the CPA level. This is really not a impute improper motives to Members of
matter for the executive, it is a matter for either Chamber or to the Queen. Her
all parliamentarians. So I suggest that, Majesty's name or the Governor
we go that way. General's name shall not be used to
I was on the point of the Standing influence the House. These are rules.
Orders. I was looking at one of the The conduct of Her Majesty, Members
Standing Orders on page 91 and I shall of the Senate or House of
read this to support my argument: Representatives, or of judges or other
"No Member of the House shall persons shall not be raised. The conduct
appear before the House or any of Her Majesty and Members of the
committee thereof as Counsel or Royal Family shall not be called in
Solicitor for any party or in any question. These rules are already here
capacity for which he is to receive a and they are outdated rules. What we
fee or reward." need to do is to put this code of ethics in
the rules, that is what has to be done.
So the Standing Orders already make The Standing Orders will have to be
provision in one case with respect to amended and these specific provisions
remuneration You may wish the put in if this code of ethics is to mean
Standing Order to state that no Member anything and to have any teeth; and for
of the Government should prosecute in a that matter for the public to feel certain
court of law in Trinidad and Tobago. that we are not simply attempting to do a
That may be desirable because it is the public relations job. I feel that the time
545 546
Code of Friday, 1st July, 1988 Ethics

has come when matters of this kind Mr. Kelvin Ramnath: Mr.
should be referred to the Standing Speaker, when we took the
Orders Committee, rather than simply adjournment, I was about to mention
asking the Parliament to approve this other aspects of the conduct of
code of ethics. parliamentarians which can affect public
I want to say much more about the confidence in the integrity of
enhancement of public confidence in the parliamentarians. Before I deal with
integrity of parliamentarians. There is that, I simply want to state that we have,
another point that I want to deal with in Trinidad and Tobago, two major
which is whether the population pieces of legislation which were enacted
expected that the NA/code of ethics during the term of office of this
would be one for parliamentarians and Government. One is the Prevention of
Ministers of the NAR. So that in Corruption Ordinance which specifically
attempting to achieve integrity in public deals with using one's office corruptly.
life we will set a code of ethics for our And there are certain very serious
members to follow. Because Mr. penalties associated with the corrupt use
Speaker, I do not think it is the intention of public office. It is not only confined
to impose an NAR code of ethics on to Members of Parliament.
what is left of the PNM. We should The other piece of legislation is the
involve them—the small number that Integrity in Public Life Act which sets
they are today, and the significant up an Integrity Commission. And we
division on a matter of such fundamental are told today that the Act is in force. So
importance which exists today—in that the Integrity Commission would
discussing here and elsewhere this now be in a position to obtain from
whole question of the acceptability of Members of Parliament information.
these codes. And in the event that there The only problem with that legislation,
is another significant Opposition party at or the role of the Integrity Commission
some other time in the Parliament of is that that information would be kept
Trinidad and Tobago as we had during secret. so that the public will not be in a
198 1-1986, one that was responsible for position to determine the state of affairs
keeping the Government on its toes and of a parliamentarian as produced to the
on whose backs the new organization Integrity Commission.
was formed and went into government. A Minister of Government is not only
The hon. Member for Tobago West under scrutiny with respect to his role as
will agree with me that from 198 1-1986 a Minister and his private interests; he is
she was proud to be a member of that under public scrutiny with respect to the
body, but that is beside the point. The role of departments of government and
fact of the matter is that you must have state enterprises which fall within his
agreement from the Opposition on a portfolio. And in many cases when
matter of this nature. something goes wrong in a department
4.30 p.m: Sitting suspended. of government or in a state enterprise,
when there are allegations of corruption,
5.00 p.m: Sitting resumed ultimately the blame falls on the political
547 548
Code of Friday, 1st July, 1988 Ethics
[MR. RAMNATH]
head, who is the Minister of allocation of employment opportunities
Government. And if we are to work to the general public.
towards the enhancement of public But what I am saying is that by simply
confidence in the integrity of introducing a code whereby Members
parliamentarians, we have to ensure that must state what is likely to be a conflict
we put in place a very rigid system that with respect to their role a s
would enable those people who are parliamentarians or Ministers and their
more powerful than Ministers, in terms private interests, will not, in fact,
of exercising certain public functions. achieve the objective of bringing about
People who administer huge state- that confidence in our politicians which
owned corporations for that matter. is desirable. We need to do much more.
The Member for Diego Martin East This is not the opportunity to deal with
spoke about his experience in dealing the administration of government-run
with the Chairman of the Statutory organizations. I am quite sure that the
Authorities Services Commission and he opportunity will arise soon for us to
indicated that in speaking to the debate what takes place in those
Chairman— organizations in the light of the
difficulties that they are experiencing
Mr. Smart: On a point of order. I with respect to finance and
made no mention of the Chairman of the administration. What I am saying is that
Statutory Authorities Service we ought to look also at what is likely to
Commission. I did not identify the impact on the politician and that you
Authority of which I spoke. The cannot be expected to take blame as a
Member for Couva South knows that politician for what other people do.
very well. 5.10 p.m.
Mr. Ramnath: I most humbly I want to say, Mr. Speaker, that we in
apologize to the Member for Diego this Government are doing exactly what
Martin East, but the point I was making the PNM Ministers did, and that is we
has nothing to do with the particular have a tendency not to deal openly with
Commission. He was making the point those people who should be dealt with. I
that he was in conversation with the am not suggesting that there is any
chairman of a certain authority who attempt at a cover up. I am saying that
indicated to him that for the first time, there is a tendency, if something goes
members of the Commission were not wrong in a particular department of
lobbying—if I may use my o w n government, to choose the easiest way
words—for appointment of certain and not say too much about it. The
individuals. problem arises when you do not say
Perhaps in the case of that particular anything about it and nothing is done
Chairman, you have in that Chairman a eventually.
person who is deeply concerned about a So that, a lot of people ar/still strutting
meritocracy, who is concerned about around the place behaving as though
equality and justice and fair play in the they have no responsibility to Ministers
549 550
Code of Friday, 1st July, 1988 Ethics

of Government, or no accountability to there is and there has been serious


the Government and run their personal vilification of people in public
enterprises and departments as if the life. I sat on the same benches with the
politicians were there only for a short Prime Minister in 1976. For those who
period of time only to perform certain recently joined the Parliament, I think it
functions at the top and below that, it is is important they should know that. And
their domain. And in the final analysis, Mr. Speaker, the Prime Minister, then
it is the Minister who has to take the Member for Tobago East and still the
responsibility for what takes place, the Member for Tobago East, could not help
success, the failure, the corruption, the but talk about his own experiences, the
employment practices, whatever takes vilification, character assassination,
place. The Ministers have to be prepared harassment, instituted by people
to deal with that. Because in the occupying senior public office in this
process, we all shall have to bear the country, the fact that he had to sleep in
responsibility for the success or failure. different houses, the fact that he was
We shall all have to take the blame for hounded down by the police, his own
the absence of integrity in public life. experiences, Mr. Speake/with respect
And I imagine that we shall see at to the neglect of his constituency.
some later stage some kind of codes or We spoke about those things. And
rules by which all persons involved in certainly the integrity of
public life will be governed. And I hope parliamentarians at that time was called
that that is imminent, Mr. Speaker, into question with respect to their
because there are a lot of people in this conduct. I have had my own share of
country who feel that everything is over personal vilifications and I am not
now as far as what they thought would talking about people on the streets. I
happen when a new Government took expect that as a politician you will get
office. They feel that we have returned that kind of treatment sometimes on the
to complacency, we have returned to the outside. I am talking of people engaging
original position, where they do what and indulging in the lowest acts possible
they want and politicians condone that by human beings, virtually lying to
behaviour. But also to enhance public people in an attempt to destroy m y
confidence in the integrity of character and to destroy me. I have had
parliamentarians, Mr. Speaker, we must my share of the security services, Mr.
look at what happens outside of the Speaker, hounding me across this
Parliament with the conduct of Members island. The first time I received so much
of Parliament outside of the Parliament attention from the security in my life is
Chamber. when I was out of office. And when I
I want to ask the question, does public inquired, people told me they are paid to
confidence in the integrity of Members do a certain job and they have to do it.
of Parliament only develop by what Every motor car that is parked in front
takes place in the Parliament? The of my house at night is recorded and
obvious answer, Mr. Speaker, is no. they tell me they have to do it. I have
We cannot escape that, in this society, friends who speak to me about the
551 552
Code of Friday, 1 tJuly, 1988 Ethics
[MR. RAMNATH]
activities of the security services with they are saying about us because there
respect to my own activities. And when are people who are supposed to be
the public is fed with information which credible, who hold important public
they know in their hearts and in their office indulging in this kind of
bones is not true and that information whispering campaign. This is not the
goes down to the oil fields where I time to go into details, there is a lot I
work, that information goes throughout have to say, like the Prime Minister had
the country in the Chamber in Port-of- to say when he was in the Opposition
Spain—you may be surprised to know I benches be+een 1976 about the
have friends in the Chamber—about treatment he'received from a former
corruption, about bribe/taking, about administration.
payoffs, Mr. Speaker, and that
information is being fed from very high I recognize, like the Member for
offices in the country. Caroni East, the constitutional right of
the Prime Minister to chose his Cabinet.
People from the CPTU will tell me that I have no problem with that. I have no
I sent a man to take a bribe from Union problem with not being a Member of the
Carbide—from the CPTU—when the Cabinet, I did not have a problem of
only dealing I have had with a company taking my car and going back to Penal
like that is through Mr. Bruce Procope as a junior engineer for a company that
who was the agent who came to me as many people assumed was under my
Minister of Energy and said that 'I am portfolio when I was a Minister. There
the agent for the company in Trinidad.' I are many who cannot do that. I
am not at all suggesting any improper understand the role of the Prime
motives on the part of Mr. Procope. Minister in this system of govemment
When people in high office carry out but what I do not understand in this
that kind of vilification and character system of government is people in high
assassination, how do you expect to office indulging in the worst forms of
enhance the integrity of behavior.
parliamentarians? When senior people in
Government will stand up, Mr. My colleagues have all received the
Speaker, and say 'Up came Ramnath same kind of treatment. How do you
with a proposal to hand over the project develop code of ethics to deal with that
to Amoco', knowing that that was not situation? That is the cancer in the
true, knowing that I was working on the society today, that is where the problem
advice of senior technocrats o f lies, the rumomongering, the campaign
government—reports are there, Mr.
Speaker, it is documented—but of hate, and when you respond you are
conveying the impression that I had a treated as though you are the attacker.
special deal going with Amoco. You must not respond, you must sit
down and let the whole country believe
5.20 p.m. that you were dismissed from the
You do not expect them to say, Cabinet because you were a thief. That
"PNM/NAR all of them are the same is what they have been saying—people
thing, all of them tief"? That is what in very high positions.
553 554
Code of Friday, 1st July, 1988 Ethics

They went so far as to say that I for our sake, not to vindicate the
embarrassed the Government by not Member for Couva South, or yourself,
paying my light bills, and much more. or the Prime Minister with respect to the
Involvement in drugs. if people know accusations that have been made about
who the drug barons are and who are us and the Member for St. Augustine.
making the trouble in his country, let us
do something about it. You know what No effort was spared to destroy the
hurts me? You can say a lot about Mr. integrity and character of the Member
Panday, the Member for Couva North, for St. Augustine. if he is unsuitable to
but to spread a campaign that he is be a Minister of Government because he
involved in drugs! Ministers of does not wish to conform, every body
government are rumour/mongering and knows that he is a fiercely independent
we want to enhance the image of person and sometimes that does not go
parliamentarians! down too well, fire him; if I was
incompetent as a Minister of Energy,
I remember your own case, not as you fire me for incompetence/ but no
Speaker, but as the Member of \
effort was spared to destAby the
Parliament, it was not by this character and integrity of the Member
Government, but the campaign launched for St. Augustine. That he was seeking
against the Member for Tabaquite, I do a contract for a friend, that he was
not intend to compromise your position corrupt, that he attempted to violate
as Speaker... certain procedures. It was not necessary
Mr. Speaker: The speaking time of at all because they all will make
the hon. Member has expired. mistakes, if mistakes were made. They
all have made mistakes, but let us find
Motion made, That the hon. good reasons. The population will thank
Member's speaking time be extended by you for firing Kelvin Ramnath for good
30 minutes. [Mr. R. Palackdharrysingh] reasons, and say that we have made
Question put and agreed to. political progress in Trinidad and
Tobago where no man in indispensable
Mr. Ramnath: Mr. Speaker, I never and cannot hold the political leader to
thought that I would have felt the same ransom. if we proceed along those lines
way as you felt just before the last the population, in the final analysis, will
general election when throughout this say that Members are to behave in a
country a campaign that the Member for certain way so as to enhance public
Tabaquite was dealing with drug confidence in the integrity of
pushers, was involved in pedalling parliamentarians.
drugs, was seen in the house of Dole
Chadee. Affidavits were sworn and sent Mr. Speaker, I propose an amendment
to the political leader of the party, the to the motion and that is to remove the
news went around the country, and the words "adopt" in the first line and
people saw all of us as a bunch of replace it by the word "refer"; and to add
gangsters, rogues and vagabonds and after "1988" the words "to a joint select
thought we were no different. That is committee of Parliament". The motion,
the problem that we must deal with, not as amended, would read:

1
555 556
Code of Friday, 1st July, 1988 Ethics
[MR. RAMNATH]
"Be it resolved, that this House refer feel honour-bound to fulfill. If,
the Code of Ethics to be observed by however, that is not the reason then I do
Parliamentarians, and the Code of not think that the Prime Minister in
Ethics for Ministers and Parliamentary presenting his motion has given any
Secretaries which were laid in the valid reason because he himself said that
House of Representatives on 28th Members of this House in a previous
May, 1988, to a joint select committee Parliament were honourable
of Parliament." people.[Interruption]
Seconded by Mr. Hump/ji'ey Mr. Robinson: Mr. Speaker, I rise
Mr. Speaker: What is now before seeking to correct the hon. Member who is
the House is the motion as amended. that I amtoofquote me. What I said was
Any Member recognized from here on Members of this House,that the view most of the
can deal with the motion and the motion all, I am of the view that mostsay I cannot for
have
as amended. observed, will observe...
5.30 p.m. Mr. Humphrey: I take it that the
Mr. John Humphrey (St. code is for the few who in the Prime
Augustine): Mr. Speaker, a written code Minister's view have not observed such
of ethics is required for people who are a code.
not prepared to observe an unwritten Mr. Speaker, when I took an oath, a
code. It is useless otherwise. Where very solemn oath, I swore in this place
Members of this House and of the other by Almighty God under the Constitution
place on being addressed are called and I quote:
honourable, it is expected that we would
all live up to that title and be honourable. "...having been elected a Member of
And if in fact we are all honourable men Parliament do swear by Almighty God
and women, then there is no need for that I will bear true faith and allegiance
the Prime Minister to come to the to Trinidad and Tobago, will uphold
Parliament with a code of ethics in the Constitution and the law, and will
writing. But, quite obviously, the Prime conscientiously and impartially
Minister in his judgment sees the need to discharge the responsibilities to the
come to the Parliament with a written people of Trinidad and Tobago upon
code. which I am about to enter."
In presenting the motion, the Prime Surely, Mr. Speaker, having sworn to
Minister did in fact say that Members of Almighty God and at the time being
this House had not been in breach of the sincere in what I swore, it should not be
provisions of this code or words to that necessary for me now to have to
effect. But if that is the case, why is it subscribe to lesser mortals, lesser
necessary to come to the House with a beings, in living up to a code, a standard
written code? Merely to fulfill a pledge of behaviour.
made in the manifesto? And if that is the In my 55 years of this life I was
reason then surely all the pledges made brought up and taught to observe a
in the manifesto the Government should certain standard of behaviour, and one
557 558
Code of Friday, 1st July, 1988 Ethics

of the things I was taught and I learned whether you want to call it preamble or
very well was to tell the truth at all times whatever you would like to call it, it is
regardless of the consequences. And I part of the law, part of the supreme law
have made only one exception, and I tell that governs our lives, expressed in the
the truth in admitting to this Parliament very first part and written in the name of
that I have made only one exception and the people of Trinidad and Tobago. And
that is in my domestic life. And I will what does it say?
not go into that. But in all other activities "Whereas the People of Trinidad and
I have told the truth, the whole truth and Tobago—
nothing but the truth for those who have
ears to listen and will listen, for those (a) have affirmed that the nation of
who have eyes to see and will see. Trinidad and Tobago is founded
upon principles that
I swore to uphold the Constitution and acknowledge the supremacy of
the law/but what do you mean by the God..."
Constifution and the law? Do you mean
a written document laying out rules and So we start by recognizing that God is
regulations on how you must conduct supreme. No Prime Minister is
your life? No, Mr. Speaker, the supreme, no political leader is supreme,
Constitution of our Republic, the God is supreme,/We pledge our
sovereign republic of the people of allegiance to Gód to adhere to the
Trinidad and Tobago, and I dare say we provisions of our Constitution and our
will remain a sovereign republic of the law.
people and no sovereign will ever faith in fundamental human
emerge in the politics of this country as rights and freedoms, the position of
long as I am in the politics. I can assure the family in a society of free men and
you and the people of the country of free institutions, the dignity of the
that. The people are sovereign. human person and the equal and
It is not merely the written rules and inalienable rights with which all
regulations, it is something very much members of the human family are
more than that because all the written endowed by their Creator,
rules and regulations of the Constitution (b) respect the principles of social
within the very Constitution can be justice and therefore believe that
amended with certain majorities of the the operation of the economic
Parliament. It is something much more system should result in the
important, the philosophy, the spirit material resources of the
under which we come together and community being s o
make the rules that should govern the distributedas' to subserve the
lives of our people and ourselves. And common good, that there
that spirit is in fact expressed in the should be adequate means of
Constitution. It is referred to by some livelihood for all, that labour
people as a preamble. But even under should not be exploited or
the law of this country/preamble is forced by economic necessity to
substantively part of the law. So operate in inhumane conditions
563 564
Code of Friday, istJuly, 1988 Ethics
[MR. HUMPHREY]
formerly known as the United Labour was a little intemperate in his utterings
Front, that worked with others to form on reaching a level of frustration where
the National Alliance of Trinidad and he saw his own government doing
Tobago, and then worked still with nothing to ensure that the forests were
others to form the National Alliance for not destroyed. And he agonized and
Reconstruction. The majority opinion of made a statement. Mr. Speaker, firing
the people of Trinidad and Tobago, as him does not help preserve the forests.
sampled by that poll, is that the actions Unless of course the Prime Minister had
of the Prime Minister in dismissing his some other reason which I am not aware
Ministers was unjustified. of.
5.50 p.m. Mr. Myers: On a point of
I do not mind not being in the information, Mr. Speaker. And I say
Cabinet, I am certainly happy not to be point of information precisely because I
in the Cabinet under the incumbent do not want to get into it out of
Prime Minister, because I found that argument. But the Member has made a
while I was in the Cabinet I was statement about the Government not
suffering frustration that I could hardly doing anything about forest problems—
endure and on more than one occasion I forest fires and cutting down of the
wanted to resign from the Cabinet forests. I think it is rather unfortunate
because of that. Because I was not able because for the information of the hon.
to fulfil the mandate to use the power Member Sir, quite a lot has been going
that the people vested in me to bring to on in attempting to deal with that matter.
life the spirit and philosophy of the And I can assure you that the
Constitution and to deliver on the Parliamentary Secretary was part of that
promises that we made on the platforms attempt to deal with the problem; was
and in writing in this document. I found quite instrumental in the development of
it more and more difficult to deliver a fire plan and a whole range of other
effectively because we had a Prime things that go on without a whole lot of
Minister who did not communicate with publicity.
us, who did not use his ears to listen; he Mr. Humphrey: Mr. Speaker, I do
merely used the power under the not mind the Minister responsible for
Constitution to demonstrate that he Food Production and the Environment
could hire and fire. Not, however, to sharing my time in the debate. But you
demonstrate, that he could lead a see we are all left to speculate. Now, we
movement into bringing changes in the are debating a code of conduct for
country and delivering services, parliamentarians and members of
meaningful services, for the enjoyment Cabinet. And the conduct of the Head of
of the citizens of Trinidad and Tobago. the Government, in my view, needs to
He has demonstrated that he can hire be examined. [Interruption] The conduct
and fire. So a Member who is concerned of head of the Government needs to be
about preserving the forests for all examined. And let us remind ourselves
generationJbeen dismissed. I dare say that Members of Parliament, Members
the reason 'given was that that Member of this House are required to ensure that
565 566
Code of Friday, 1st July, 1988 Ethics

any Prime Minister enjoys the powers of their country. In fact the very poll
that he enjoys because without the revealed that.
majority support of the Members of this The poll revealed that the most
House no member can be the Prime pressing issue in the minds of the people
Minister. Therefore the conduct of the of this country is the issue of
Prime Minister who is a member of this unemployment. So perhaps the Member
House has to be examined, if we are made a little slip, but I think I caught the
going to talk about code of ethics, and Member out in the slips. You see a
about behaviour and conduct. The certain approach to government and to
country is not blind. managing power is adopted by different
And I cannot agree with the Member people.
for Diego Martin East that what this Mr. Smart: Mr. Speaker, I do not
country needs now more than economic know if the Member will allow me.
recovery is a restoration of morality and
principle. Because by him saying that he Mr. Humphrey: Sure.
is suggesting that the people of this Mr. Smart: I will quote for him
country do not have a high level of what I said on that issue. I said:—
morals and principles. I do not agree
with that. No politician in his right mind "The most important and most
will ever subscribe to such a point of difficult task of this government is not
view, and the Member for Caroni East to turn around the economy but to get
supported that point of view. the nation to focus once more on the
virtues of mankind and to convince the
Mr. Smart: Mr. Speaker, on a point nation that it is worthwhile, that there
of order. The Member for St. Augustine is reward in pursuing all that is noble
is misquoting me. I said there was a in the nature of man, for exemple,
responsibility on the part of the leaders honesty, respect for one's fellowman,
of the country to focus—there was a dedicated service and application to
need for a refocussing on the nobler whatever field of endeavour one is
qualities of mankind. pursuing."
Mr. Humphrey: By saying that I was very careful about my words.
what is being suggested? That those "It must not be the case that the slick
nobler qualities are no longer part of the and the smart man succeed, and the
national life. Because the Member did lazy and those who have connections
not only say that. The Member said that in high places are rewarded."
economic recovery come second to that. That is what I said, so he must take it in
And I know, as a politician interfacing that context.
with the people of this country, that the
most important thing to the people is Mr. Humphrey: That is exactly
recovery of the economy so that jobs what I heard him say. If you need to
can be created so that people can get a focus the society once more then you are
little income and live and survive and suggesting that the society is not
make a contribution to the development focussed at this time. And I beg to
567 568
Code of Friday, 1st July, 1988 Ethics
[MR. HUMPHREY]
differ. The vast majority of the people of unpopular than an Opposition that found
this country are decent, Go4/fearing and itself with three seats in a 36-seat
/- GodAloving people—the vast majority. House. That is what you have in a year
' In fàèt in no other society in the world and a half. And I want to know which
do you have the vibrant kind of religious members of this House are going to
life that you have in this society. And look at themselves and look at their
there is something that you have done organization and look at their Prime
that no other society in the world has Minister to determine what is the reason
done, and that is to apply the spirit of for this. I can tell you that it is not the
ecumenism not merely within a economy that is not going to pick up—
denomination or a particular religion but though that is true/-it is much more
bringing all religions into that fundamental than th'C It is that people
movement. And you have a n have lost confidence and are losing
organization that has been established to confidence; everything is going to fall
represent that. It is called the Inter- apart and the economy will not pick up
Religious Organization. All the great unless that confidence is restored.
religions in this society are unified in
seeking to uplift the moral standards of 6.00 p.m.
the society and the religious standards So I think it is extremely important
and the ethical standards and the that in discussing behaviour of Members
standards of behaviour. And they in of Parliament we include in that
their wisdom recognize that you can discussion the behavior of perhaps the
achieve unity in diversity, that you did most important single member of that
not have to destroy the Christian religion Parliament, the one in whom under the
or the Hindu religion or the Muslim Constitution tremendous powers are
religion in order to achieve the Inter- vested. If the Prime Minister was living
Religious Organization. In fact it was up to the spirit of the Constitution, he
recognized that it was necessary to would not keep the whole country in a
preserve the various religions. state of anxiety as to why he took certain
Unfortunately in the politics no such action, he would come out and say why
recognition has been given. You have a he took it. What the Member for Couva
political leader and a Prime Minister South said is true. In factjl have
who does not recognize, even though evidence of the truth of it right here with
the manifesto of the party has meJ the whispering campaign, the,'
recognized it and the Constitution of the cafilpaign of vilification and lies that was
party has recognized it, he-does--net- waged by certain very high officials of
recognize the need to give recognition to the Government and of the party that
the mulqFfaceted nature of the politics of rules this country, whispering campaign
this country where there are groups who of lies and vilifications. Put it in writing.
seek separate representation and who are Write to Mr. Panday and say, "Member
entitled to that representation. And that for Couva North, I threw you out
is what has us in a mess. You have a because you were trying to foist on the
ruling party that has been in power for a people of Trinidad and Tobago an
year and a half and it is now more Indian cultural centre"

/
V
569 570
Code of Friday, 1st July, 1988 Ethics

As you were saying privately to met by the incumbent Prime Minister,


people in this place who have the power that is unfortunate, but that is the fact. I
to decide who should be the Prime will not say anything behind a man's
Minister. Come out and say it publicly, back that I will not be prepared to say in
come out and say publicly that the front of his face, that is why I stand on
Member for St. Augustine was fired the platform and say it. And that is why
because he was trying to give a contract I say it here while he sits opposite
to a friend and bypass the provisions of chatting with the Member for Caroni
the Central Tenders Board Act. Say it East who told us that he had a file in his
publicly. Come out and say it publicly possession and in that file he had party
as you said privately that you do not documents which he named, the
know how the National Association for manifesto, the Constitution/and in that
Downs Syndrome got its resource centre file he also hadThe Constitution of the
on Sydenham Avenue suggesting that Republic of Trinidad and Tobago.
because the Member tr St. Augustine We heard during the course of the
has a Downs Syndrome granddaughter debate from the Member for Port-of-
he used his ministerial power to get it Spain East who had raised an issue/and
corruptly for the Association. Come out Mr. Speaker, let me put o n
and put it in writing; say it publicly. parliamentary record what the
Mr. Speaker, if the Prime Minister Constitution of the National Alliance for
was man enough to do that and to stand Reconstruction says with respect to the
up and apologize for the wrong that he role of the General Secretary in the
has committed against his colleagues, party, under article 16(iii):
then he can perhaps turn the whole thing "The General Secretary shall be
around and demonstrate a sense of elected for a term of three years. The
humility, commitment and purpose. But post of General Secretary shall be a
you see even that, I do not believe/will full time paid position."
change the attitude of the society to the
incumbent political leader and Prime That is what the Constitution says and if
Minister. we are going to adhere to an ethical code
and a standard of moral behaviour, since
The other point is that on the basis of the party in its wisdom realized the
his conduct, the poll revealed that the importance of the position of its General
people will prefer that the fired Ministers Secretary and realized that in order to
be reinstated. I can tell you that this fired keep the General Secretary loyal to the
Minister will not accept any such thing. party and not to the leader or to any little
I will not be prepared to work in a clique or group/it made provision for
Cabinet with the incumbent Prime that General Secretary to be full time and
Minister as the head of that Cabinet and to be paid by the party. Any deviation
as the head of the Government. I can from that should not be tolerated. If the
say that publicly and in front of the Member for Caroni East wants to be a
Prime Minister. I have a code of ethics, Minister without portfolio, he should
a standard of behaviour that I subscribe resign his position as General Secretary
to and Arniortunately my standard is not in the party and do not come with the
571 572
Code of Friday, 1st July, 1988 Ethics
[MR. HUMPHREY]
argument that you have different Moral philosophy, so I looked for the
political cultures and we are seeking to word moral:
build our own culture. None of us is "relating to, dealing with or capable
going to buy that argument. of making the distinction between
In the Soviet Union the party's right and wrong in conduct."
secretary is a very powerful man in the So you are dealing with what is right
government, but then there is no and what is wrong.
distinction between party an d
government in that system. But this "Philosophy—love of wisdom and
system where we have taken an knowledge."
unwritten Constitution of Great Britain I will add to that "love of wisdom", that
and put it to writing for ourselves that is wisdom is the knowledge of truth. So
where you must seek your guidance in philosophy is the love of knowledge of
seeking to determine standards of ethics the truth. You must seek after the truth.
and morality in public affairs. And if Now what is truth?
Margaret Thatcher, Prime Minister of
Great Britaii9would make a Minister "That which conforms to fact or
without portfolio pf the general secretary reality, the real or true state of things."
of the party who is employed full time That is what the dictionary says about
by the partyand Ja't the party will no truth.
longer pay ¶iim, but the Government
will pay him, then I say okay, I will be Mr. Speaker, some of us who have
prepared to consider that there is some been in this game called politics for a
political morality. But Mr. Speaker, I as very long time know the real state of
a Member of this House representing things both in the Cabinet, party,
over 14,000 people—and it is not the Government, Parliament and in the
NAR that brought that support for this country. It is only a matter of time
Member, he had that support before the before a remedy is applied in this
NAR came into being—on behalf of my country for the wrongs that are being
constituents I consider that an act of perpetrated on the people of this country
immorality. in the name of what is constitutionally
Since we are on the question of ethics correct—that the Prime Minister has
I think it is very relevant to raise it. I supreme power: "When I say come, you
took the trouble this morning to take out comethIwhen I say go, you goeth/if
a dictionary and look at the dictionary you do"hot like it get the hell oue of
meaning of certain words. I looked for here"—to quote the late Prime Minister.
the word 'ethics'. This is what it said: Thank you, Mr. Speaker.
"The study of standards of conduct 6.10 p.m.
and moral judgment, moral
philosophy, the system or code of Mr. Rawle Raphael (Arouca
morals of a particular philosopher, North): Thank you, Mr. Speaker. I
religion, group or profession, etc." think it is incumbent upon me to rise and
573 574
Code of Friday, 1st July, 1988 Ethics

support this motion which in its original themselves not accountable to anybody
form reads as follows: for anything. As indicated here in the
bill, the object:
Be it Resolved: "to enhance public confidence in the
That this House adopt the Code of integrity of parliamentarians."
Ethics to be observed by At this point in time it is very critical for
Parliamentarians and the Code of all of us. I do not know whether it is as
Ethics for Ministers and Parliamentary a result of the performance of the last
Secretaries which were laid in the government, but parliamentarians are
House of Representatives on 20th looked upon generally as smart-men,
May, 1988. con-men and all different kinds of
This motion was circulated anas the names. I think that if we, as
Prime Minister indicated, several parliamentarians, try our best to live up
comments were made, including to the code of ethics, I am quite certain
comments from the parliamentary arm of that we can be exemplars to the others in
the National Alliance for this country. We sit in the highest court
Reconstruction. Therefore I see no need of the land and must set the example for
for us to select a joint committee of the others to follow.
House to further study the code of Maybe if we had this code of ethics
ethics. enforced in our party we may not have
The code of ethics simply ensures that had this division, where at the present
parliamentarians will have a certain set time we have some Members o n
of rules and they would be guided to suspension. I think as parliamentarians
avoid inconsistency relating to moral if we should work, as indicated here:
principles,.rules of conduct and moral "Conforming to the Code shall not
questions. I am also happy to indicate absolve Parliamentarians:
that we are fulfilling a pledge that we
made in our manifesto, page 5, which (a) from the responsibility to
says here: take such additional action as
"Introduce a Code of Ethics for maybe necessary to prevent
members of Cabinet, parliamentarians, real, potential or apparent
public servants, and members of local conflicts of interest.
government bodies." This is very important. We have to try
As the Prime Minister indicated, the last our best, despite whatever may be
section of this sentence will be written here; we have to go a bit further
introduced shortly. and try to upkeep the standards of this
honourable House. We have to try to
If we as parliamentarians accept the understand each other better in order for
code of ethics, as I am sure we all us to develop that standard that the
would, it would mean that in the future general public needs. They need to look
Government Ministers will accept up to parliamentarians and not down or
responsibilities in their respective with 'cokey eye', as the hon. Minister
portfolios. They would not consider indicated.
575 576
Code of Friday, 1st July, 1988 Ethics
[MR. RAPHAEL]
With respect to the application it also that the hon. Member for Arouca North
states: understands my position quite clearly.
"The provisions of this Code shall Mr. Sudama: Can I get a little
not be interpreted in any way that will clarification? The Member did say...
impede parliamentarians in the
performance of their duties." Mr. Speaker: Two Members are on
the floor at this stage. I want to have this
That is very important. And at this point "giving
let me say that I do not agree with the another way" time.
provision clarified for yet
There are two situations
statement made by the Member for when interruptions
Diego Martin East, that we should not, first one is on a pointcan of
be mad( The
order and the
as parliamentarians, assist constituents second is when a Member who
in whatever problems they may have. already spoken seeks to elucidate orhas to
We preach it on the public platform that give some further explanation about
we must assist the public, whatever the something which he has said during his
problem... contribution. I do not want a situation to
Mr. Smart: May I correct the develop where three and four and five,
Member for Arouca North? I never said only because the Member who has the
anything like that. The Member for floor is willing to give way. The
Arouca North says that I said that one provision does not allow something like
should not seek the interest in one's that.
constituency. That could not be further "35. A Member shall not interrupt
from the truth. That is why I am a another Member except—
Member of the Parliament. My primary
duty is to serve the residents of the (a) by rising to a point of order,
constituency of Diego Martin East. What whereupon the Member
I was attempting to point out is that one speaking shall resume his seat
can serve the residents for Diego Martin and the Member interrupting
East better if one implements systems shall simply direct attention to
that are fair and equitable rather than if the point which he desires to
one were to serve the people on a basis bring to notice and submit it
of personal favours. That is what I was to the Speaker or Chairman
attempting to say. You set up systems in for decision."
order to serve everybody equally and
fairly. Because when one becomes a That is a point of order.
Member of Parliament or the (b) to elucidate some matter
representative of a constituency, one raised by that Member in the
becomes the representative not just for course of his speech,
the persons in one's particular party, but provided that the Member
for all the residents of the constituency. speaking is willing to give
That is the point I was making. And one way and resumes his seat and
serves people by providing amenities, that the Member wishing to
water, lights, jobs, roads and so on. interrupt is called by the
That is what I intended to say. I hope Chair."
577 578
Code of Friday, 1st July, 1988 Ethics

So that if a Member has not contributed This is quite true, Mr. Speaker. If we
to this debate, he is not entitled, under have Standing Orders, and they are the
this standing order, to interrupt the rules of this honourable House, we as
proceedings. And there is no standing parliamentarians must adhere to them.
order here that talks about a point of So irrespective of what we say here, we
clarification. There are two situations. must recognize the Standing Orders as
So in the circumstances I would ask the coming first and I think that we would
Member to proceed. go a long way if we do follow the
Mr. Raphael: I totally agree in
Standing Orders of this honourable
setting up systems for the equal House.
distribution of whatever is to be With respect to the guidelines, Mr.
distributed—jobs, facilities, Speaker, section 6 indicates:
infrastructural development o f "A parliamentarian shall perform the
constituencies. I totally agree. I am glad duties of his office impartially,
that the hon. Member for Diego Martin uninfluenced by fear or favour."
East indicated to me that I did not quote
him correctly because as a parliamentary I think as parliamentary representatives,
representative, I feel that it is my duty, we are all entitled to represent our
and this is what I indicated to my constituents without fear or favour and I
electorate, that when they elected me and am indeed happy that this section is
voted me into office I would represent included here because at times,
all their needs whatever they may be. Members form the opinion that a
And anytime they come to me, whether Parliamentary representative should not
it is in terms of getting to the hospital or seek assistance in certain areas although
in terms of getting a job or even the representation may not be along a
speaking
- to a Chairman, I think it is my particular line.
right as a Parliamentary representative Some of my colleagues at times try to
to, not necessarily put a hammer on the interpret things as they see it and I feel'
Chairman's head, but! nevertheless, that at all times they should look at their
make some form of rep'resentatioieven colleagues in terms of people making
if it is a recommendation of good representations to him and as a result he
character or hard working person as the has to put forward their representation
case may be. on behalf of his or her constituents.
Section 7 indicates:
6.20 p.m.
The other indication in the code of "A Parliamentarian shall be open.
and honest in official dealings with
ethics stated: colleagues."
"Conforming to the Code shall not This is very important, Mr. Speaker,
absolve parliamentarians from because if we are honest and if we are
adhering to the Standing Orders and very open in our official dealings, I
procedures of the House of think as a unit we/as Parliamentarians
Representatives." would reach mucI further in terms of
579 580
Code of Ethics Friday, 1st July, 1988 Kiwanis (Inc'n) Bill
[MR. RAPHAEL]
moving forward and developing our Question proposed.
various constituencies. Question put and agreed to.
As I indicated earlier, Mr. Speaker, Report adopted.
wcas Parliamentarians have to go all out Question put and agreed to, That the
to ensure that the representations made bill be now read the third time.
by our constituents get to the right Bill accordingly read the third time
quarters. And as the Parliamentary and passed.
representative for Arouca North, I could
not let this motion go by without letting MENNOMTE CHURCH (INC'N) BILL
this House know that I, as a Member of Dr. Anseim St. George (San
Parliament, fully support the code of Fernando West): Mr. Speaker, I beg to
ethics as moved by the hon. the Prime move,
Minister. Thank you.
That this House adopt the report of a
BUSINESS OF THE HOUSE Special Select Committee of the House
The Minister without Portfolio of Representatives appointed to
(Dr. The Hon. Bhoendradatt consider and report on a private bill
Tewarie): Mr. Speaker, I beg to move for the incorporation of T h e
that debate on this motion be adjourned Mennonite Church of Trinidad and
until Friday 15th July at 1.30 p.m. Tobago.
Question proposed.
Question put and agreed to.
Aft
Question put and agreed to.
KIWANIS CLUB OF ENTERPRISE Report adopted.
(INC'N) BILL
Question put and agreed to, That the
Dr. Anseim St. George (San bill be now read the third time.
Fernando West): Mr. Speaker, I beg to Bill accordingly read the third time
move, and passed.
That this House adopt the report of Motion made and question proposed,
the Special Select Committee of the That the House do now adjourn to
House of Representatives appointed to Friday, 8th July, 1988 at 1.30 p.m.
consider and report on a private bill [Hon. B. Tewarie]
for the incorporation of the Kiwanis Question put and agreed to.
Club of Enterprise, Trinidad, and for House accordingly adjourned.
matters incidental thereto. Adjourned at 6.30 p.m.

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