TCIG SUCCESSFULLY DEFENDS JUDICIAL REVIEW APPLICATION BROUGHT BY FORTIS TCI LTD AGAINST THE ENERGY AND UTILITIES COMMISSIONER
On 8th November 2023, Fortis TCI Limited (“Fortis”) brought judicial review proceedings against the current Energy and Utilities Commissioner and Her Excellency, the Governor of the Turks and Caicos Islands alleging that the Commissioner has a personal background in and a vested financial interest in the supply of solar installations which was incompatible with his role as the Commissioner under the Electricity Ordinance and proposed new Renewable Energy and Resource Planning Bill and was therefore affected by apparent bias. Fortis also challenged Her Excellency the Governor’s decision not to reconsider the continued appointment of the current Energy and Utilities Commissioner considering their allegations.
Fortis urged the Supreme Court to:
i. Declare that the Commissioner is subject to apparent bias and so should recuse himself from all matters concerning Fortis, as a result, and thereby that it is impractical for the Commissioner to continue in office.
ii. An order of mandamus directing the Governor to consider whether the Commissioner can continue in that post in light of those allegations.
Following many months of arguments about whether the matter should be allowed to go ahead at all, the Governor was removed from the proceedings because she was not the correct party, and the Deputy Governor was substituted. The substantive Judicial Review Hearing took place on 20th June 2024 during which the Court heard arguments from both sides and had the benefit of substantial affidavit evidence from both sides.
In a decisive ruling, delivered on 19th July 2024, His Lordship Mr. Justice Chris Selochan found in favor of the Government, affirming that there was no evidence to support the claims of apparent bias against the Energy and Utilities Commissioner.
While the written ruling is pending the Court read out in open court a summary of its decision to dismiss Fortis’ application for judicial review.
The central issue the Court had to ask itself was whether the Commissioner should be disqualified from holding that position on the grounds of his interest in a company involved in solar energy in the Bahamas.
The Hon. Attorney General Rhondalee Braithwaite Knowles OBE KC, Principal Crown Counsel Clemar Hippolyte, and Senior Crown Counsel, Khadija Mac Farlane made robust arguments and provided affidavit evidence demonstrating the Commissioner’s early disclosures, compliance with the Integrity Commission’s advice and his general adherence to legal and ethical standards.
Having agreed that the test for apparent bias was not whether Fortis or any other interested party thought there was bias but rather whether the fair-minded and informed observer, having considered the facts, would conclude that there was a real possibility that the decision-maker was biased, the Court found that the fair-minded and informed observer would consider, inter alia, the following:
1. The position of the Commissioner requires specialist knowledge and experience;
2. The TCIG and Fortis had on 22 April 2022 signed a climate change charter that predated the Commissioner’s appointment;
3. The Commissioner’s role and functions do not primarily involve the formulation of policy.
While the fair-minded observer may have concerns about the Commissioner’s involvement in his company in the Bahamas, these concerns are assuaged by the fact that the Commissioner disclosed the same to the TCIG and the Integrity Commission at the earliest opportunity.
The Court also stated that it cannot be disputed that the Commissioner’s role involves interfacing with Fortis on energy-related issues, however, the Court was of the view that the fair-minded and informed observer would not conclude that the Commissioner was involved in advancing the cause of renewable energy for his self-interest.
The Court was of the view that the fair-minded and informed observer would find that the fact of the Commissioner having a business in the Bahamas as opposed to the Turks and Caicos Islands, was too tenuous of a link to establish apparent bias.
The Court further found that the fair-minded and informed observer would also note that the Commissioner sent several correspondences to the Integrity Commission seeking to clarify advice from the Integrity Commission upon taking up his office and had adhered to that advice.
The Court was therefore not satisfied that the Commissioner was subject to apparent bias and dismissed Fortis’ application for judicial review.
The Minister for Public Safety and Utilities, Hon. Kyle Knowles said “The Government is undertaking significant reforms in the energy and utilities sector which will build a firm foundation for a strong energy future in the Islands. The Government’s successful defense in this matter signals that whilst the Government remains committed to maintaining the integrity and transparency of its regulatory processes, independent judicial scrutiny of the Deputy Governor’s decision not to remove the current Commissioner in the face of the allegations brought by Fortis, give credence to the Government’s well-placed confidence in the professionalism, fairness, and impartiality of the current Energy and Utilities Commissioner’s actions. The Government is committed to upholding the rule of law and ensuring that all officials perform their duties in keeping with the highest ethical and professional standards. This ruling is a testament to the rigorous standards of accountability and transparency that the Government strives to maintain.”
Commenting on the ruling, the Honourable Attorney General said, “We are incredibly pleased with the Court’s decision, which confirms our position that the Deputy Governor and the Energy and Utilities Commissioner acted appropriately throughout, without bias and in full compliance with the law. This outcome reaffirms my Chambers’ dedication to assisting TCIG decision-makers to ensure that their decision-making is sound, fair, and impartial. It also affirms the advice of the Compliance Unit of the Integrity Commission which had earlier considered the circumstances and advised the Commissioner on handling. The Commissioner, having acted faithfully in keeping with that advice, is also vindicated. We are relieved for the Commissioner who ably withstood the personal and professional pressures this challenge brought yet continued to press forward with the Government’s agenda in the face of it.”
WATER UNDERTAKING LAUNCHES NEWSLETTER
The Ministry of Public Safety and Utilities, in partnership with the Water Undertaking Department, is thrilled to announce the launch of our Water Undertaking Newsletter. This series is designed to educate and inform our valued customers about water-related things.
The newsletter will give customers insights and updates on the latest initiatives and projects across our service territories (Grand Turk, Salt Cay, and South Caicos). It will also feature helpful tips and informational nuggets on various water-related topics. Each edition will highlight what’s happening in the Department and what can be expected shortly.
Water is a precious resource, and we are committed to promoting its wise and responsible use. This newsletter aims to encourage safe water practices for effective us and conservation.
Murray to retire after Paris Olympics
Andy Murray has confirmed he will retire from tennis after the 2024 Paris Olympics.
The 37-year-old is planning to play in the singles and doubles at what will be his fifth Games.
"Arrived in Paris for my last ever tennis tournament," Murray wrote on X.
"Competing for Team GB has been by far the most memorable weeks of my career and I'm extremely proud to get to do it one final time!"
The Scot's first Games appearance was in Beijing in 2008, when he lost in straight sets to Lu Yen-hsun in the first round.
Four years later, Murray swiftly put the disappointment of a Wimbledon final defeat by Roger Federer behind him, defeating the
Swiss in straight sets at London 2012 to win gold.
The Briton became the first male tennis player to win two Olympic singles titles when he beat Argentina's Juan Martin del Potro at Rio 2016.
"Sir Andy has lived and breathed the values of tennis throughout his long career, championing equality and helping to send the message that our sport is for everyone," International Tennis Federation president David Haggerty said.
"Sir Andy's love of tennis will see him continue to be involved in helping to grow and develop our sport globally."
The three-time Grand Slam winner had career-saving hip surgery in January 2019.
Murray, a two-time Wimbledon champion, played competitively at SW19 for one last time earlier this month when he was knocked out of the doubles in the first round alongside his brother Jamie.
A back injury had threatened Murray's participation at Wimbledon and he left it until the final moment before pulling out of the singles. He had hoped to play mixed doubles with Emma Raducanu, but she pulled out of that planned pairing because of a wrist injury concern.
Speaking after his defeat at Wimbledon, Murray said: "It is hard because I want to keep playing, but I can't.
"Physically it's too tough now. I want to play forever. I love the sport."
Source-BBC
CrowdStrike shares hit again as IT disruption continues
Shares in cybersecurity firm CrowdStrike have plunged more than 13% as the company reckons with the aftermath of causing a global IT outage.
Chief security officer Shawn Henry said the incident had been a "gut punch" for the firm, which had previously been one of the most trusted names in the industry.
"We let down the very people we committed to protect, and to say we’re devastated is a huge understatement,“ he said.
Many businesses are still recovering after a faulty "content update" last week crashed 8.5 million Microsoft Windows computers around the world.
The issue has required manual reboots in some cases.
Mr Henry, a former FBI executive assistant director, said the weekend had been “the most challenging 48 hours” of his 12 years at the company.
He promised it would use the incident as an opportunity to “emerge better and stronger than ever”.
“The confidence we built in drips over the years was lost in buckets within hours, and it was a gut punch,” he said in a LinkedIn post on Monday.
“But this pales in comparison to the pain we've caused our customers and our partners."
Delta Airlines, one of the most affected firms, had cancelled more than 4,000 flights since Friday, including more than 800 on Monday, according to outside tracking firm, Flight Aware.
That was far more than any other airline.
Delta on Monday said more than half of its IT systems were Windows-based and required manual repair. It said the software it uses to direct staffing for flights was requiring the most time and manual support to fix.
“We’ve got everyone around the company working around the clock to get this operation where it needs to be,” Delta boss Ed Bastian said in a video message to employees on Monday.
A day earlier, he apologised to customers, as US Transportation Secretary Pete Buttigieg warned the government had received complaints about "continued disruptions and unacceptable customer service" at the firm.
Other entities, such as the UK's National Health Service, have said their systems were operating more normally.
Speaking to the House of Commons on Monday, Cabinet Office Minister Ellie Reeves said that the majority of sectors affected by the CrowdStrike bug had mostly recovered, including aviation, railroads, and maritime systems.
But she warned that some “minor disruption" would continue, including at the NHS.
She added that the government would work with the National Cyber Security Centre and other partners “to review the lessons learned”.
The incident showed how dependent the modern world is on “complex and interconnected IT systems and how essential preparedness for such events is”, the minister told MPs.
Founded in 2011, CrowdStrike boasts some 29,000 customers around the world, including government agencies in the US and UK and some of the world's biggest companies.
Shares in the firm were up nearly 40% this year before the incident hit.
Musk says Tesla to use humanoid robots next year
Tesla boss Elon Musk says the electric car maker will start producing and using humanoid robots from next year.
In a social media post, Mr Musk said the robots will first be used by Tesla, which will start making them to sell in 2026.
The technology billionaire had previously said he expected the robot, called Optimus, to be ready for use in Tesla factories by the end of this year.
Other firms, including Honda and Boston Dynamics, have also been developing their humanoid robots.
"Tesla will have genuinely useful humanoid robots in low production for Tesla internal use next year and, hopefully, high production for other companies in 2026," Mr Musk said on his social media platform X, formerly known as Twitter.
It came just a day before Tesla was due to release its latest financial results.
The company's shares ended Monday's trading session in New York up by more than 5%.
The company has said it aims to build an "autonomous humanoid robot" to perform "unsafe, repetitive or boring tasks." Mr Musk has previously said Tesla aimed for the robots to be mass-produced and cost less than $20,000 (£17,900) each.
He is known for setting ambitious timelines for his companies, which he has not always met.
In 2019, he said he felt "very confident" Tesla would have self-driving taxis on the road by the following year. Earlier this year, Mr Musk said the long-awaited robotaxi would be unveiled on 8 August.
Last week, he appeared to confirm a report that the event would be delayed. Mr. Musk did not give a new date but said he had requested a change to the front of the vehicle.
“The extra time allows us to show off a few other things,” he wrote.
Source-BBC
TCIG SHARES POST CABINET MEETING STATEMENT FOR JUNE 10, 2024
Her Excellency the Governor, Dileeni Daniel-Selvaratnam, chaired the 21st meeting of Cabinet held on Wednesday, 10th July 2024 at the Premier’s Office, Leeward Highway, Providenciales, commencing at 10:00 a.m.
All members of the Cabinet were present except for the Ministers of Tourism, Health and Human Services and Home Affairs.
At this meeting Cabinet:
- Approved the appointment of Mrs. Latisha Williams-Bruce, attorney-at-law, as an alternate Chairman of the National Insurance Board Appeals Tribunal for a period of two (2) years with immediate effect.
- Granted approval of a new Import Duty Concession Order for Waterloo Hotel Management Ltd. (The Alexandra) with a new completion date of 31 January 2025.
- Approved the amendment to the TCI National Wealth Fund Ordinance in Section 19(2)(a)(b) Establishment and Composition of the Board; Section 33(4)(a)(b) under the Procedure for Meetings for the Attorney General and Permanent Secretary to nominate a proxy.
- Reviewed and approved the proposed increase for the Legislative Retiring Allowance Plan to progress to the House of Assembly, to affect a 20% increase in retiring allowance.
- Received a presentation on the Turks and Caicos Islands Tourism Carrying Capacity Model.
- Approved to make a cash donation to the Caribbean Disaster Emergency Management Agency (CDEMA) of 250k each to Jamaica, St. Vincent and Grenada following the impact of Hurricane Beryl. Proceeds of the donation were authorized from the contingency fund.
- Approved a stamp duty remission application regarding purchases made by Palace Resorts.
- Noted information from the Ministry of Tourism on the hotels and restaurants that are scheduled to close during the 2024 off-peak season.
- Approved the rental lease agreement for the Department of Rehabilitation and Community Services, Butterfield Square, Providenciales.
- Approved the appointment of the following persons to the Cadet Advisory Committee for one (1) year:
- Commandant as the chairman - (Act. Commandant - Nimrol Beckles)
- Permanent Secretary of Youth or his/her designate
- Senior Police Officer not below the rank of Assistant Commissioner
- Director of Youth – Mrs. Jasmine Parker
- The Officer Second in Command of the Cadet Corp - Chaka Skippings
- Secondary Education Officer – Mr. Reinwald Lewis or designated member
- Member – Jerome Caley
- Member – Michael Baptiste
- Member – Desiree Downes
- Secretary - A staff officer of the Cadet Corps
- Approved the Planning Application PR 1690 for a change in use from open space for the construction of two – two-story apartment buildings to be taken through the required process.
- Approved the Planning Application PR 17036, for the subdivision of parcel 60002/391 zoned as open space to create seventeen (17) residential parcels to be taken through the required process.
- Approved the re-establishment of members and the appointment of Ms. Danielle Rigby as secretary to the Adoption Committee for one (1) year.
- Approved the change to the appointment of the Secretary of the Safeguarding Children’s Board. Appointing Ms. Tamara Handfield as secretary of the Board for one (1) year.
- Approved the request to exempt work permit fees for the Turks and Caicos Islands Community College educators in line with the established policy for private-sector educators.
Further information on these matters will be provided by Ministers in due course.
MOE HOSTS ITS FIRST SESSION OF SOFT SKILLS TRAINING FOR INTERNS
The Ministry of Education, Youth, Sports, and Culture recently organized its inaugural soft skills training sessions for interns involved in the third phase of the TCI National Internship and Apprenticeship Programme. These sessions took place on July 11th and 12th on the islands of Providenciales and Grand Turk, respectively. The turnout was impressive, with over 80 interns attending 55 in Providenciales and 27 in Grand Turk.
During these sessions, the interns received interactive training on various critical topics, including the importance of and strategies for fostering an inclusive workplace, effective networking techniques for career development, key leadership qualities and styles, customer service skills, collaboration, effective communication, complex problem-solving, and critical thinking.
The integration of soft skills training into the programme addresses the skills gap identified in the 2017 National Skills Audit, which highlighted a need for development in these areas among the workforce. The Ministry's goal is to equip interns and apprentices with these essential skills to enhance their contributions to the talent pool of the Turks and Caicos Islands.
To facilitate these sessions, the Ministry enlisted the expertise of Ms. Melanie D. Smith, founder and CEO of Talent Recruitment Group, and Ms. Sheba Wilson, a leadership coach and HR consultant from Sheba Wilson Ltd. Their involvement ensured that the Ministry's learning objectives were effectively met.
The Deputy Governor of the Turks and Caicos Islands, H.E. Anya Williams, attended the sessions and spoke to the interns about the numerous opportunities within the public service. She highlighted various departments and ministries needing specific skill sets and encouraged the interns to consider the public sector as a viable career path. Drawing from her own experience, she shared her journey from an intern to becoming Deputy Governor at the age of 32, emphasizing the importance of seizing such opportunities.
“I want to provide the same opportunity to young persons in the Turks and Caicos, and I believe it is my role and responsibility to encourage youth to consider the public sector as an option,” said H.E. Anya Williams.
The Minister of Education, Youth, Sports, and Culture, Hon. Rachel Marshall Taylor, also attended the training. She spoke about the purpose of the soft skills training sessions and their connection to the National Skills Audit of 2017. She discussed recent amendments to the scholarship policy, which mandate that students return after studying abroad. Noting that only 72 out of 760 scholarship recipients had returned, she stressed that these policies aim to continually build human capacity in the Turks and Caicos Islands and encourage young islanders to take up government positions.
"Our strategic investment in soft skills training for our interns aligns with our national development goals, ensuring our youth are equipped to drive growth and innovation in the Turks and Caicos Islands," said Hon. Rachel Marshall Taylor.
The Ministry of Education expressed gratitude to partnering employers who provide placement opportunities for participants in the program.
PROTECTING THE WELFARE OF CHILDREN: OUR TOP PRIORITY
The Ministry of Education has been made aware of an allegation of inappropriate behavior at one of our camps, and we want to assure the public that we are treating this matter with the utmost seriousness and urgency.
We are working closely with the Multi-Agency Safeguarding Hub (MASH) unit, the Royal Turks and Caicos Islands Police Force’s Safeguarding and Public Protection Unit, and other relevant authorities.
The Ministry of Education is dedicated to upholding the highest standards of conduct and remains committed to ensuring that all educational environments, including our camps, are safe and respectful for all participants. This dedication is unwavering and forms the foundation of our work.
The Ministry of Education reiterates its commitment to prioritizing the safety and well-being of all individuals involved in educational programs. We want to reassure the public of this commitment, which is at the core of our mission.
Pelosi endorses Harris but Jeffries stops short
On Monday, former House Speaker Nancy Pelosi gave her much-anticipated endorsement of Vice President Kamala Harris to be the Democratic Party's nominee for president, the most significant endorsement yet in the high-stakes political drama.
Her public backing of Harris came about 24 hours after President Joe Biden's announcement he was bowing out of the 2024 race.
"The wisdom and leadership of President Joe Biden has truly blessed America. With love and gratitude, I salute President Biden for always believing in the possibilities of America and giving people the opportunity to reach their fulfillment,” Pelosi, D-Calif., said in a statement. “Today, it is with immense pride and limitless optimism for our country's future that I endorse Vice President Kamala Harris for President of the United States.”
While Pelosi did not publicly call on Biden to withdraw from the race, her ambiguous public comments created the space over the past three weeks for rank-and-file Democrats to pressure the president to drop out.
But, House Minority Leader Hakeem Jeffries stopped short of endorsing Kamala Harris as the presidential nominee, but said on Monday that he plans to meet with her and Senate Majority Leader Chuck Schumer "in short order."
Jeffries praised Harris, saying: "I'm excited for that meeting. Let me say this -- that Vice President Kamala Harris has excited the community. She has excited the House Democratic Caucus. She’s excited the country."
Source-ABC
Secret Service director tells Congress 'we failed' in hearing on Trump assassination attempt
The United States Secret Service director told Congress on Monday that the attempted assassination against former President Donald Trump was the "most significant operational failure at the Secret Service in decades" and took full responsibility for the lapses in security that day.
"As the director of the United States Secret Service, I take full responsibility for any security lapse. We are fully cooperating with ongoing investigations. We must learn what happened," Secret Service Director Kim Cheatle testified before the House Oversight Committee.
In her first hearing before Congress, Cheatle also told the committee that she will move "heaven and Earth" to ensure that what occurred will never happen again.
"Our mission is not political. It is literally a matter of life and death, as the tragic events on July 13 remind us of that," she said. "I have full confidence in the men and women of the Secret Service. They are worthy of our support in executing our protective mission."
Cheatle has said she will not resign.
Source-ABC