Professional Documents
Culture Documents
HOR July 1, 1988
HOR July 1, 1988
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Leave of Absence Friday, 1st July, 1988 Oral Answers to Questions
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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."
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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
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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.
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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
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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.
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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
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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.
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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.
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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.
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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
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Code of Friday, 1st July, 1988 Ethics
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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
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
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
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
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.