RTC Director

ADDRESS ON SWEARING IN OF NEW GOVERNOR, H.E DR JOHN P.G.FREEMAN

By The Hon Sharlene Cartwright Robinson,Leader of the Opposition

Salutation
His Excellency, His Honor The Speaker, Honorable Colleagues, Strangers In The Gallery, Listeners By Radio and Television.

Welcome
Your Excellency, I too will like to welcome you and your family to what can very well be the most exciting time in your life and whilst I do not know your full background, I do know our present state and know that you will find your experiences diverse, unmatchable, challenging but trust me in many ways enjoyable and invaluable. That I do believe.

The Timing of Your Arrival
You have had the fortune, good fortune or otherwise to arrive during what is now our election period with General Elections perhaps weeks away but definitely less than four months away. With this period comes challenges for us as a people but also for you as Governor whose Office will have oversight responsibility. We are already experiencing challenges having to change the ballot to accommodate a possible historic number of independents and for the first time a 3rd Party that is seeking to field a full slate of candidates. Campaign is in full swing but managed. With a voter pool of less than 8000 voters, we may find a possible 57 candidates with 27 individuals vying for 5 all island seats. We have struggled with the new system which includes all island and single constituency and if not properly managed and prepared for will create further confusion for our voters. We expect that the Elections Office as an Institution for Good Governance will be properly staffed, advised and funded to ensure the aim of free and fair elections. We will also expect

Your Excellency, this country is in election mode and whilst one will find as in any other country, the apathetic voter, there are also anxious voters who are eager to move pass this period. I am convinced as well that there are investors who may still be looking at the TCI but are hesitant understandably so not knowing the outcome of talks beginning under one Government and having to more than likely be completed under another. This fear is real. Nonetheless Your Excellency, the election call as you would have been made aware is that of the Premier and trust me Your Excellency, we are not anxious or losing sleep on this side as the writing is on the wall for everyone to see.

We expect Your Excellency that once Elections are concluded that we will get onto the business of moving this country forward. We urge you to resist any urge to become more involved in the process than you need to be especially as it relates to party politics.

Whilst you are on the brink of a new Parliamentary Term that will bring with it new possibilities, new ideas and new style of governance, there are issues that will not be so new and others that cannot wait but requires urgent attention.

We have heard from your predecessor on his exit that a number of existing investors have expanded in their investment but regrettably we have not had a major project commenced since this term of Parliament and under his stint as Governor. You can appreciate the urgency with which my government when elected will seek to turn this around and with your background in trade and industry and the practise of former Governors under the Derek Taylor Administration to travel along with the Government and do all that is can with your assistance to grow and diversify this economy.

As I prepared to address you today, I took the opportunity to review what I said to your predecessor on October 9, 2013 and was dismayed that much of the challenges listed there continue and have seen little to no improvement.

WORK FOR AND WITH US
When your predecessor was sworn in 4 years ago, the relationship with the UK and the people of these Islands could not be more strained. We had just endured a rough few years with a Governor who history if recorded correctly cannot call him a partner for and with the people of these Islands. That Governor Your Excellency very rarely listened to the voice of the people, he mercilessly passed laws that either violated our culture, religion, transgress our wishes, placed us under severe financial strains based on austerity measures and the laws were largely rooted in and engrained in mistrust. Your Excellency, it was an Administration that habitually closed out the Private Sector, the Clergy, the Public Servants, the Politicians and at times its own Advisory Bodies. The relationship between the TCI and the UK could not be more strained after this period and much work has to be done to rebuild this fragile relationship if either of us is to enjoy the best that this partnership has to offer. I had told your predecessor that Your Excellency and as I told him then, I have had the opportunity to work up front and personally with the last now 7 Governors through varied roles. I am always perplexed though as to how Governors’ seem to see their roles. I believe that though you are the Queen’s local representative and though the Secretary of State sets your remuneration or salary, it is charged on the consolidated Fund of these Islands. In other words, hired by, salary fixed by the UK but paid by us. I hasten to say here that you must work for us. Your presence here on the ground is for a reason and that is for an up close and personal feel, view and handle of the issues that we face. We therefore ask only that you report the true picture on our behalf.

Your Excellency your immediate predecessor seemed to have enjoyed a great working relationship with the Government and he may have left a note of endorsement by certain words that he has said publicly. He had invited me to sit and address issues and even to serve on an Advisory Group to the National Security Council, having attended 2 of the Meetings.

Troubled Appointees

He seemed to have had the motto to “rock no boat” and to be a friend to all until his departure. His stint was not near eventless with three more notable events that will go down in history that presented new challenges that caused the Governor have to consider that delicate balance between those he appoints and us as a people. He came at a time when this Government was embroiled in a public dispute with the Attorney General and the Premier had filed a court case against him. Needless to say this matter ended in a costly venture for the people of this country as we as a people were made to settle out of court for comments seemingly injurious to his reputation. The next two events that stand out for me related to two other constitutional appointments made by your Office and that is the Office of the Commissioner of Police and the Officer of the Director of Public Prosecution. Your Excellency, in a few moments I will address our people’s greatest concern to you, that of crime, and you will see why the need for a working, committed and competent Commissioner of Police is important to us. My Party and I have been avid supporters of law enforcement and have supported the Police in all ways. We take our role and responsibility seriously and have never and will never make crime or use crime as a political football. From where we sat a little under two years ago, the then Commissioner of Police was not performing in the best interest of our people and it was clear that his Organisation as well as the people of these Islands had lost confidence in him. Not before a long private discussion with your predecessor, I found it necessary to call for his resignation or removal publicly. The people of this country spoke loud and clear and felt that this must be done. A new Commissioner was sworn in about a year and a half ago. Another troubled appointee and an event that will be recorded as historical under your predecessor was the scandal that embroiled the former DPP and his Office who left suddenly amidst a major investigation being conducted by the Integrity Commission. He too had suffered the fate of having an Office that had lost confidence in him and a public when aware who too had serious questions and concerns. Sad to say your Excellency, he was allowed to remain in Office during the investigation and nothing short of victimisation was the order of the day for the staff that dare to stand up to him. Make no mistake about it, Your Excellency, the staff were not opposed to him and had supported him when he first arrived. Your Excellency in an effort to avoid any public embarrassment or erosion of the reputation of this important Institution, I again engaged your predecessor to no avail and had no choice but to publicly share my concerns and to have him suspended from Office until the Investigation had been completed. Your Excellency, I need not say how important it is to hear the voices of our people and to hold into account your appointments and to move with strength and decisive of leadership swiftly though after a thorough review so as to avoid these public spats that could have been avoided. I am not saying that there is no room for disagreement between us but there was none when the evidence was clear that the individuals for varied reasons could not and should not have been allowed to remain in Office.

I have said all of this to say this, I ask that you work on our behalf when there are persons, regardless to whom are not working in the best interests of our people especially those in critical posts in the Institutions protecting good governance. Your Excellency these accounts show where we needed strength in your Office’s role and no doubt shows where occasions will arise where you must work for and in the best interest of our people.

SEEK TO UNITE AND NOT DIVIDE
As I encourage you to work for and on behalf of us. I encourage you to be a “uniter” ad not a divider. Let your decisions and words be carefully counted and thought through, your instructions or intentions clear as possible when dealing with us whether as the Government or the Opposition and avoid contentious and mischief at all cause. You will find very quickly that you are immediately being measured and opinions of you in some instances are already formed because of your maker of your appointment but there are many of us who will allow you too shape that for us.

As stated before there are critical issues that are left outstanding and it includes the matter of SIPT Trials that have no bearing directly on your Office but on the Treasury and reputation of these Islands. I would encourage you to have no involvement but to pay a watchful eye on its impact. Secondly, the matter of constitutional reform and the new structure being established in the fight against crime.

Whether intentional or not, your Predecessor has left these Islands and has created his most controversial headlines ever on exit. If you were to secure a copy of one of our major newpapers here two weeks ago, you will see the caption that gripped this nation and myself included, and have caused those politically motivated for this already politically charged environment to grasp at straws in an effort to address something that is really not there and which has given way to a misrepresentation of the facts. You will find to our embarrassment that in this period we are extra sensitive and the air of mistrust is thickened.

Your Excellency, you may or may not be surprised but there are senior politicians who do not believe that a Government and Opposition ought to work together on any issue and we have defied the age old politics and practise of the past by working together with the Government in the best interest of our people whether it was in Anti VAT fight, legislation to support women and children, to support those who may have made bad decisions and ran afoul of the law and needed a process to expunge or clean their records, to support new financial services products or to regulate our financial services industry, to provide relief to NHIP subscribers through an amnesty period, or to support disaster management initiatives. We ran and continue to run the risk of those who choose not to rise above petty politics painting a picture that working together for the people is a dangerous or bad thing. But that we must do because it is the right thing to do in the best interest of our people.

ADDRESS URGENT OUTSTANDING ISSUES

Constitutional Talks and the CFO

In this vein, we agreed with the Government as we both campaigned on the need to have the 2011 Constitution reviewed because of its findings and also because of much of its content that we bought found regressive. A Commission was formed by a Motion brought by the Premier and seconded by me. A bi partisan Committee was formed and the Committee was charged with traveling throughout the Islands seeking the views of our people through an educative and consultative format. The remit called for a Report from the Chairman and this was produced and debated in the House of Assembly. A Resolution was prepared by the Speaker’s Office and here is where the Opposition and Government parted ways on the issue. We were unable to secure a copy of the Resolution sent to the UK until it was attached to the UK Minister’s response nonetheless we remain committed to the process. With a number of inordinate delays, the talks were revived and I was invited along with the Deputy of my Party to attend a Meeting that was meant to discuss its content. Unaware of this intention,  the talks were not as advanced as they could have been. Additionally another meeting was called and I was unable to attend. I had advised my colleagues of this as by this time, we were totally unaware of the process for the processing of the proposed amendment.

Your Excellency a request was made seeking a clear understanding of the process to be applied so that my Party and I can be fully aware and participate after agreement or negotiation on the proposed approach. Needless to say this was not forthcoming and we advise that this is a matter outstanding requiring urgent attention so that talks may continue. I have had the privilege and benefit of serving on the 3 Constitutional review bodies of 2002, 2006 and 2014. In fact in 2002, the Body had been furnished with a 3 page document laying out what the UK is prepared to accept, what it is not prepared to accept and what it can accept if both Parties agreed. In fact we were provided with a constitutional advisor in the person of Michael Bradley former Governor. In 2006 we were advised on the number of the rounds of talks and the level of party participation. This exercise has been entirely different and we do not believe it to be unreasonable to know ahead of the process what is the process.    

My Deputy and I had the benefit of a familiarization meeting with the UK’s Solicitor General in which we made the request for guidelines and assuring of our commitment to continue the talks which we see to be in the best interest of this country and while the matter of the CFO came up, it was a matter of seeking our position that has not changed from we stated it on October 15, 2012 and reaffirmed it during the consultative process on the Constitution. For the avoidance of doubt, though I was not the leader of my Party at the time, I presented it as Deputy Leader and our Party has not seen any need to change our position.

Your Excellency out of an abundance of clarity and in full disclosure. The talks of the Constitution were concluded on the premise that guidelines will be forth coming and my statement that with elections being imminent and political parties engaging in election preparedness, it will be impractical to consider a series of meetings at this time and will best be continued with a new Government. These talks on the constitution would have included the CFO who we found out like the people of these Islands (subsequent to this Meeting) had caused apparent undue hardship for this Government but Your Excellency these talks also included the immigration extensive reference in the constitution which most of us find unacceptable, these talks also included the many references to the Governor’s ability to made decisions only after consultation and not in accordance with as was previously contained in the 2006 document, these talks also included the Governor’s ability to make two appointments to this House, the Speaker’s ability after the Integrity Commission's finding to make declare a seat vacant without a court setting. These talks Your Excellency included many more issues than the CFO which is a subset of a much bigger picture and for which many of us are not at all miles apart.

Last week Your Excellency, a posting on social media by the Premier concerning your predecessor’s final Cabinet Meeting to take place that day. I immediately wrote your predecessor and I quote “I noted from the Premier's Posting on Facebook this morning that today is your final day in Cabinet. We would wish to be clear on issues raised during our Meeting with you and the Solicitor General and then onto a new matter in reference to the CFO.
 We have asked for a clear time line and steps in the matter of constitutional advancement so that we are able to advise our colleagues and Party on the way forward. We have not been advised on this.
 
Secondly on the matter of the CFO, we did advise that we expect that the role will be changed after the Guarantee and could not support the current role remaining as is. You would also recall my saying that we do not support the role of CFO as an oversight system (and that we should allow Committees to work) and maintain our 2012 position contained in our Party's Position on the 2011 Constitution. I wish to remind you that during the Constitutional Review, we made it clear as did the people and the Government that it is not a role that we wish to see remain. However since our meeting, the Premier has advised the public that the UK had agreed that the position would be removed 6 months after the payment of the loan (February) and the removal of the guarantee. We wish to be clear on this.”
The Governor responded by ignoring the query on the alleged agreement with the Turks and Caicos and stated “Please rest assured that I did report your position on the CFO, as we discussed with the SG, to London. So they know your view. I will also ensure that my successor is aware of your proposals about Constitutional change. I would imagine that this issue is something which will discussed by UK ministers with the Premier in London later this month.”
My response highlighted the fact that the fact that the inquiry relating to the CFO had gone unanswered. To date the Governor has not set the record straight and the Premier has not provided evidence of this secret agreement. AS one of your first acts, we expect that you will advise the people of this country as to whether the UK has in fact reneged on such an important issue. The content of one email was shared with the Media but worthy of mention is the fact that the Premier was copied in as my Party and I believe constitutional talks can never be secretive. I am on record advocating for the use of the media and live coverage over RTC during the consultation conducted by Kate Sullivan and again while serving in the Consultative Forum and I have continued in this vein believing that the Constitution is a public document that cannot and should not be subjected to private agreements.
Your Excellency, We do not engage in back room deals and what we say to you can be said anywhere but for the caveat of confidentiality when the matter calls for it. The Constitution is not one of those issues hence the reason that I copied the Premier in on the two emails which sought to remind the Governor of the outstanding matters of the approach to constitutional talks and the new matter of the CFO as raised by the Premier.

Whilst persons will seek to deflect form it, the real issue is, did the UK have an agreement with the Turks and Caicos Islands Government and reneged on it? The answer to this can certainly propel this single constitutional issue forward ahead of the many other constitutional issues that require urgent attention.

DPP’s Office

Your Excellency the role of the DPP is critical and its office is key as an Institution for Good Governance. The recruitment for a new DPP is underway I am told and the Constitution does require consultation with myself and the Premier ad I look forward to this happening soon.

You will learn very quickly that it is my Party’s position that our people must be advanced to senior roles and hold key positions. Truth be told, many act in certain positions and are often by pass for the substantive post. The matter of the DPP is a live and outstanding matter that requires urgent attention.

Our issues are varied and each critical. Whilst I would  have an occasion as early as tomorrow to share with you the issues that I see are challenging for us as a people, I turn my attention to the ones that fall under your constitutional role and which can either make or break us as a people as they do leave our country in a vulnerable place.

Crime and Border Protection
I had occasion at your predecessor’s swearing in three years to share these sentiments. “Our Police Force is buckling under serious challenges and is perhaps at its lowest in staff morale in recent times. People’s confidence is being shaken and there remains a serious gap between the Institution and the People, its greatest partner. This requires your immediate attention.” I regret to say that the same persists with no sight of a plan in place to combat the rising new level of crime we face. A quick research will show that my voice has been a consistent voice on crime calling for statistics, programs and concerted efforts to bridge the gap that we know exist within the Force and then the gap between the people and the Police, for greater involvement on the part of the people not just in crime prevention but in the solving of crimes, for greater resources, skills and training, for the calling of a national dialogue on crime and a national security strategy, for modern tools to fight modern day criminals and for leadership in the Force and from the Government on crime. We have gone visibly unheard which was evidence by the knee jerk reaction to defend and deflect. We the made the decision to release our Party’s 12 point crime plan earlier this year for use by whomever. Your Excellency it is a comprehensive plan that will seek to feed into a comprehensive national security strategy with immediate, short term and long term objectives – it addresses the immediate need for a review of the Police Force, the introduction of a Police Commission to assist in its governance, a tougher approach to gun crimes and crimes against tourists, resources, training, police morale, succession planning, stronger local, regional and international relationships with key partners, offender management and rehabilitation programs and more. If you were to speak and I hope sooner rather than later, to the ordinary man on the street crime would be a top his agenda of issues of grave concern. Whilst we are careful to pain another picture to would be investors and tourists to our shores and whilst we remain considerably a low crime jurisdiction in comparison to our neighbours, we are not settling and ought not settle for the new Turks and Caicos that is emerging and no visible or known plan to counter and fight crime. In reviewing statistics over the years, you will see the new levels, the low consistent rate of detection, the increase in different types of crimes that are personal eg home invasions, break ins, crimes against tourists and murders. In fact Your Excellency, 8 murders were recorded in these Islands last year and this year we are at 7 so far. We do not accept that this comes with development. This Your Excellency comes with a lack of leadership and the provision of resources. We surmise that this comes from a growing rate of unemployment, an increase in illegal immigrants and sloops carrying weapons and drugs (an admission by our Premier more than a year ago), a clash of cultures, and of course a unified plan on the issue. All fixable Your Excellency, it just must become the priority of someone with the power to lead on the issue. We remain firm in our stance to assist where and serve where we can in the best interest of our people and I have had occasion to attend to meetings of the Advisory Group on Crime and I say publicly what I have said privately, your role must increase in terms of border protection, we must strengthen relationships that can  help (talks with Haiti has stalled and seemingly abandoned), there must be an effort to address the illegal communities that can very well be the breeding, hiding grounds or havens for illegal weapons and criminals. The UK must step up its role in border protection and in assisting this nation in fighting this unprecedented level of crime by helping to conduct searches and operations. Our people are living in fear and understandably so, criminals of yesteryear went into homes largely on occasions when they know that people are not at home. Today’s criminals are going into homes ad seemingly anticipating an altercation. We are on the brink of person’s taking matters into their own hands and we require urgent leadership. I can assure you that you can expect immediate calls from the people of this country in short order.

Other Constitutional Roles
Your Excellency with the threat of crime becoming a consideration for our mainstay, tourism, we must move quickly to diversify our economy and the financial services sector for me and my Party has always been seen as the obvious second strong pillar. As this is one of your constitutional role, we again look to you for leadership in area. This Industry is ripe and recent Trust Legislation can see growth in this area. We welcome your leadership in this area.

CONCLUSION
As I close your Excellency, our peoples are aspirations are no different from any other country’s peoples. We want to live, work and do business in a safe environment where there is fairness, equality and justice for all.

To this end, I wish to say to you that the Opposition pledges to work together with you in the best interest of the people of these Islands in the furtherance of these aspirations. However, your Excellency, be assured that we will not sit idly by and remain silent when there is need for us to speak out publicly should you ever exercise your powers to the detriment of these Islands.

We believe, your Excellency that consultation is still key where and when necessary and not just consultation for consultation sake but consultation that will produce good results. Each Governor comes with his own set of skills and gifts. Our hope is that you will use your gifts and skills for the benefit of all who reside in these islands.

As I stated to all 7 Governors before you, you will also find out very quickly that among us are some of the most pleasant, intelligent, sincere and hardworking persons you will ever meet. There are many of us who completely understand the issues we face and who are able to give well thought out responses and solutions to complex situations whether of a local, regional or international nature. You will find in this Honourable House and in our country, many men and women who are only interested in achieving a better Turks and Caicos Islands and who are prepared to serve with integrity and sincerity.

We wish for a prosperous, strong, vibrant and diverse economy in which our people are allowed to participate fairly and as key stakeholders in key roles whether in the Public or Private Sector. To achieve this, we must be educated and readily equipped for employment in a country that is fiscally and environmentally responsible with low crime and a serious intolerance for corruption at any level and rank and among all its different peoples. 

As co custodians of the country’s Constitution, we have taken our role seriously ad have used every tool available to us with strong participation from each of my colleagues have their very own concerns but collectively we are a strong Opposition Team in terms of experience and numbers with one seat dividing the Government from the Opposition. We have offered ourselves on occasions to join the Government in the best interests of this Country We must recognize the need for all hands on deck for major national issues including yours, Your Excellency.

I note with great appreciation your background in Trade and Investment. Many will speculate as they’ve done before you as to what is your Agenda and whose interest will you advance. We equally welcome your wife’s contribution in social issues. There are many charities and causes that we are certain she can find fulfillment in.

Your Excellency, the People’s Democratic Movement and I, not just on our behalf, but also on that of all our people, extend to you a warm and cordial welcome to our beloved and Beautiful by Nature Turks and Caicos Islands. We have every hope and wish that you would be in similar circumstances when you will have completed your assignment with us which would of course, require constructive and productive dialogue and cooperation during the next few years, on both our parts. This all in an air of mutual respect, which I must point out, in my opinion has not always been the case in our working relationships.

There is much to be done and among other things, we need to make our economy work for all our peoples and we must get our people back to work, we need to improve our educational facilities, we need to better protect our borders, we need to address healthcare and other social issues and last though not least, we need to make certain changes to our Constitution to make our elected government more credible. And to achieve this all, we need and expect your full and sincere cooperation, as our Governor and Her Majesty’s representative. It is our sincere hope that you become an advocate and avid partner rather than a henchman or referee. I trust that you come to our shores with an open mind about who we are, and what we aspire to.
Our fortitude and our resilience continue to be tested. Nonetheless, we the people of the Turks and Caicos Islands, through our reliance and a desire and determination to return to a point where we are once again be the Envy of the Region. Again,  I pledge on the peoples’ behalf to work with you as the Governor as long as you demonstrate from the onset that you seek to carry a Mandate to foster and encourage good governance .  Our expectations are that you demonstrate an open-mindedness and a willingness, yes to respect your mandate yes, but to respect the wishes and desires of the people whom we represent. Our mandate is to work collectively and cooperatively. We have institutions to build.  We have positive relationships to establish and encourage!  We have a nation to restore and build.  It is our hope that we can find in you those cordial characteristics that make it easy through commitment and dedication to achieve our milestones that we have set and will set as a progressive people.

My full Team and I look forward to an early audience with you.
   
Again I say welcome. May God bless you and your family and may He continue to bless these Beautiful by Nature Turks and Caicos Islands.

by RTC Director