MEMBERS APPEARING
Hon Sean Astwood, Deputy Leader of the PDM
Hon Vaden Williams, Member for Wheeland
Hon Derek Taylor, All Island Representative
Hon Goldray Ewing, Member for Blue Hills
Hon Clarence Selver, Actg National Chairman, PDM and Appointed Member
BACKGROUND
We welcome the presence of our colleagues from the Caribbean Community (CARICOM) to these Turks and Caicos Islands. As we believe that this Fact Finding Mission is long overdue, we commit to assisting you as much as we possibly can in your pursuit for reliable and credible information.
From your Terms of Reference, we are informed that this Mission was commissioned following a Statement made by the Premier of the Turks and Caicos Islands whilst in Haiti attending the Twenty-Fourth Inter-Sessional Meeting of the CARICOM Conference of Heads of Government in February of this year and then also because of the public comments made by HMG who refuted them and deemed them as misleading.
We will neither provide commentary on the contents of the Premier’s Statement and the Minister’s response nor add anything to what could have been done by both Politicians.
However, we wish to state in this Forum that we are not thrilled with any public arguments between HMG and TCIG whilst we make our very best efforts to grow and stabilize our economy by inviting inward investment. You will however be better briefed by the Premier as to the true relationship between HMG and TCIG as we are not privy to information that shows where HMG has been stumbling block as it were, to initiatives put forward by TCIG.
You can appreciate that the Opposition does not sit in Cabinet and obtain information on Government dealings only from its Press Releases, oversight Committees and Parliamentary Questions. We are interested as well in practical examples as we are committed to ensuring that an elected Government is able to carry out the purpose for which it was elected and anything contrary to this is a threat to democracy.
THE TCI CONSTITUTION
We therefore propose to share with you where we see this as a possibility from a Constitutional point of view.
On return to elected Government, the TCI returned under new Constitutional provisions in the Order of 2011. My Party on October 15, 2012 issued a Statement outlining portions of the Constitution that we identified as problematic and regressive for an elected government.
We refer you to our Party’s Position on the new Constitution which was enacted on October 15, 2012 and was delivered by the then Deputy Leader and now current Party Leader and Leader of the Opposition, Hon Sharlene Cartwright Robinson. See Appendix A.
Whilst the Governor’s role has been strengthened, we are not aware that he has “vetoed” as it were any decisions or prevented TCIG from any actions that it wished to take on behalf of the people. So we are presenting the provisions as what can happen which we deem regressive and stifling for an elected Government. You will note from the Provisions cited that the Governor is not compelled to use these powers and can elect not to do so but this then rests on a matter of personalities and an elected Government ought not to be guided by a personality.
THE OVERALL FUNCTIONING OF THE REPRESENTATIVE SYSTEM OF DEMOCRACY IN TCI FOLLOWING THE NOVEMBER 2012 ELECTIONS IN TCI;
Oversight role of the Leader of the Opposition strengthened
Specifically, the role of the Leader of the Opposition has been strengthened and so there is a greater oversight role for the Leader of the Opposition under the new Constitution and the new slew of Legislation for the management of Public Finance. One such bit of Legislation that gives credence to this is the legislation establishing the National Audit Office. The provisions in the Constitution, strengthening the Public Accounts Committee in its oversight role is also commendable.
The new Constitution established an Appropriations Committee and a member of the Opposition is to serve on this Committee which is charged with the responsibility to scrutinize TCIG’s Appropriation Bills. As it stands the Leader of the Opposition was elected to serve as Chair of the Committee.
The Opposition is therefore pleased with its oversight powers and responsibility. As this Committee is a powerful one, we have taken great care in acting responsibly. To this end, the Committee has facilitated several requests already by the Government to facilitate supplementary spending.
THE FUNCTIONING OF THE TCI PARLIAMENT
The Governor has two appointed members whilst the Government and the Opposition have a single appointment each. This is new under the Constitution Order 2011. With a one seat majority in the House of Assembly, the Government and the Opposition often have to rely on these two members to gain a majority on a matter before the House. As this one-seat majority scenario could not be designed, it shows the drawback for elected members in allowing the Governor two appointments.
THE WORKINGS OF THE JUDICIAL SYSTEM
The serving Leader of the Opposition (then National Chairman of the PDM) served in the Governor’s Consultative Forum and was a consistent dissenting voice on policies put forward that were thought not to be in the best interest of the country until she was relieved of her duties by the Governor. But while serving, she was one of the more prominent voices against the legislation that removed the automatic right to a Trial by Jury. The Bill was eventually passed by a one member majority. This right was included in the 2006 Constitution and was suspended along with other provisions in 2009. The legislation passed thereafter, removed the right permanently. There was a loud outcry from the public though the legislation was still assented to by the Governor.
As it stands, there is little faith in the judicial system as the Governor through the JSC appoints and will appoint the Judges who will hear the cases brought against the individuals charged with wrongdoing as a result of the Special Investigations and Prosecution Team (SIPT).
THE FINANCIAL GOVERNANCE SYSTEM
Whilst we are aware of the systems that are in place, it is best for representatives from the Government to address the practicality of the new and stringent system.
INDEPENDENCE
The PDM is the only Party that contains in its Party’s Constitution the objective for political and economic Independence. We are also the only Party that has produced a comprehensive Position on Independence and we have attached here for you, our Position as released. See Appendix B.
However, our Position can be summed up in a single Statement: Independence must be carefully studied and planned, therefore we believe that the best route is the establishment of an Independence Commission with its terms of reference similar to that of Bermuda where it is a fact finding Body that looks at the pros and cons of Independence and identifies the necessary steps.
We believe that there is much to do to ready ourselves for independence and as such, can see the TCI remaining an Overseas Territory for the foreseeable future.
RELATIONSHIP BETWEEN THE GOVERNMENT AND THE OPPOSITION
This Opposition has demonstrated great maturity and leadership since November 9th and has worked along with TCIG already in several matters. Perhaps outstanding of all is the united stance on the Anti VAT stance. The Opposition presented a Private Members Motion to record a Resolution of an entire elected House and the Government’s backbencher brought a Repeal Bill. This was the single greatest act of unity shown by an elected Parliament. Please note that the only members who did not support the Resolution was the Governor’s two appointed member and in fact one of these members sought to chide the Premier and Leader of the Opposition for taking on a fight that she felt misled the people of the Islands into believing that we collectively did not have the power to stop the implementation of VAT. Needless to say, the united stance of the elected members (And the Private Sector) saw the aversion of VAT.
The Opposition learnt that there was a situation where there was misinformation communicated as regards the ability of the PNP and the PDM to come together. We have since looked further into this matter and was informed that there was an attempt made for a senior ranking Former Leader of one of the countries in the Region to come and assist but the offer had to be refused as the fee involved deterred the exercise from going forward.
Whilst you will receive different opinions during your visit, you will find that most if not all sectors of society are disgusted by the behavior of members of the Interim Government and as such the relationship between TCIG/TCI and HMG/UK is severely strained and is marred with mistrust on both sides. However I believe that there may be quarters calling for Independence based on emotions and other political advantages, but there are also those who choose to allow head to prevail over heart recognizing the irreversible errors that can be made if the TCI were to prematurely become independent without a solid plan on the way forward.
CONCLUSION
We are happy to provide any further assistance and are committed to moving our country forward.
We trust that you will be open and honest in your Report and will seek to assist those of us who have over the years been a voice against the heavy handedness of the British.
End
Hon Sharlene L Cartwright Robinson, LLB CLE JP
Leader of the Opposition
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