Caswell Franklyn, Head of Unity Workers Union
Caswell Franklyn, Head of Unity Workers Union

Over the years, I have been complaining that the system of governance practiced in Barbados is merely a parody of the Westminster System that obtains in England. In a previous article, I wrote that we have all the trappings of a Westminster type democracy but they do not work as designed.

It is not my intention to disparage or in any way pull down an institution that history records as existing for over 376 years. I am concerned that the present occupants are not doing enough to make Parliament a place of which all Barbadians can be proud. To this end, I am calling on Her Majesty’s Loyal Opposition to do whatever is necessary to halt Parliament’s slide into irrelevance by ensuring that its rules and traditions are observed as intended. But it appears to me as though the Opposition could care less and is just biding its time until this DLP administration crashes and burns. Unfortunately that strategy might fail and it is the people of this country that will continue to suffer.

In my last column, I referred to the Minister of Finance waiving taxes under the Duties, Taxes and Other Payments (Exemption) Act. That act and the Interpretation Act require the minister to lay orders to waive or remit taxes in Parliament, “as soon as may be after they are made”. Only last week, while reading the Official Gazette, I came across one such order that should raise the hair on the back of the necks of all right-thinking members of this society, especially the members of the Opposition.

Official Gazette No. 102 dated December 14, 2015 carried a notice published as S.I. 2015 No. 90. It is an order made by the Minister of Finance designated as the Duties, Taxes and Other Payments (Exemption) (Cost-U-Less (Barbados) Inc.) Order, 2015. By now some of you might be saying that you don’t understand the fuss I’m making since the tax concessions to Cost-U-Less is old news.

Unfortunately, it is not. According to the notice in the Official Gazette, the Minister of Finance only made the order on December 4, 2015. My question therefore is: Under what authority were these tax concessions accessed by that company back in 2011. At best, this whole episode amounts to an insult on the intelligence of Barbadians. Paragraphs 7. (2) and 8 are instructive. They state:

7. (2) The exemptions referred to in paragraphs 3 and 4 are granted on the condition that the project commences on or before June 1st, 2011 and is completed by 30th of November, 2012.

8. This Order shall be deemed to have come into operation on the 1st day of May, 2011.

By regularising these unnecessary, and so far unexplainable, tax give-aways four years after the fact, Government has ensured that parliamentary oversight of the minister’s actions would be an exercise in futility or rather a veritable mockery on the institution called the Parliament of Barbados.

The people of Barbados, through the Opposition, must demand answers from Government explaining why it was necessary to lavish tax concessions on a company to develop a shopping mall to house a supermarket, restaurants and other related amenities at Warrens. I well remember that a shopping complex was constructed at Carlton, Black Rock and I am yet to see any order giving tax concessions to that project.

Further, it would be interesting to see if Government could give credible explanations for paragraph 5 of the order, which states:

5. The Company is exempt from the payment of withholding tax payable under the Income Tax Act, Cap. 73 for a period of 15 years in respect of

(a) the interest and dividends paid by the Company to resident or non-resident shareholders or individuals who have given loans to the Company; and

(b) fees paid to non-residents who were contracted to provide management services, consultancy or technical skills for the construction of the project.

It would also be interesting to find out the identity of these favoured investors.

Government is proposing that this country become a republic, which basically is a government by the people for the people. Unless more information is forthcoming from Government about this deal, it would appear that we have a government by the people for their friends. That scenario is not a republican form of government; it would be corruption if found to be true.

109 responses to “The Caswell Franklyn Column – Concessions to Cost-U-Less Should Raise Hair”


  1. Prodigal too late for the BLP footsoldiers to stand up and wave the morality stick /////byeeeee


  2. If only we had three more men like Caswell….

    Jeff, you do us a disservice by supporting the retroactive passage of such an order. As a teacher of the law, you MUST know that, at the very least, for the FOUR YEARS before this order was done, the damn Government HAD TO BE ACTING ILLEGALLY in providing these concessions to Cost You Less.

    People like Froon and Stinkliar are low-witted twits who take guidance from the real brains in the place such as yourself. Give them an inch and they want a yard …with a pool…

    Perhaps you need to give them back their ‘Fear Trading chairmanship’ and focus on your legacy as the legal eagle of impeccable and uncompromising standards that befits your intellect.
    It REALLY is unbecoming of you to be in the service of such obvious idiots.

    Much respect to you Caswell…


  3. @Bush Tea – Well said.

  4. Caswell Franklyn Avatar
    Caswell Franklyn

    Thank you Bushie.

    This nastiness is more in depth than most people realise. If the Customs Department was not neutered, ninety days after these concessions were accessed and there was no supporting order made by the minister and published in the Official Gazette, the Comptroller of Customs would have levied the appropriate duties and taxes.

    Instead of an independent Customs Department, we are now seeing efforts to bring Customs under the control of the same minister who is responsible for these abuses.

    We like it so.

    Sent from my iPad

    >


  5. These morons are giving the people who have money a washpan of freeness…no taxes and the clown put the taxes on us the poor taxpayers……

    Poor? Poor you say?

    Yuh waan tell me that after de “cost of living, cost of living, cost of living” big rock of 2008, Bajans went and voted for the same set of liars, de ones you now calling morons; in 2013, and you gine got de guts tuh call dem suh.

    If they are morons, then you cannot call the taxpayers who grumble and then scramble to pay said taxes poor. Anudda nex name, but certainly not poor.


  6. @ Raw Bake
    The name is ‘brass bowl’.

    It is an unfortunate position to hold, but Bajans seem content to assume the position.
    You talking as if voting any other way would have made any difference…. Have you heard the opposition of LAWYERS raise these concerns raised by Caswell?

    Have you heard the alternative that you would want us to vote for challenge the legality of giving away our tax money to these people – even after the 90 day grace period?

    Brass bowls find themselves in a catch 22 situation, damned if they ‘D’ …and damned if the ‘B’…
    Brass bowls APPEAR to be articles of value (…and with common sense, they CAN be), but for the most part, they just sit there looking tarnished, being pissed on, and celebrating a past when – due to a man much like Caswell, they benefitted from a little shine…

    Unfortunately, a people ALWAYS get the government (and the results) that they deserve, so it is VERY unlikely that we will see any change from the ‘B’ /’D’ Hobson’s choice situation….


  7. @ Caswell

    David Ellis is on Brass Tacks pushing your article. He is saying what you are querying, relative to Sinckler and Cost-U-Less, is a surely a cause for concern.


  8. BU Dashboard shows Caswell’s article has gone viral.

    In this morning newscast we heard Edmund Hinkson complaining that Sinckler’s statements which have 4 months standing from the Budget were brought 6 months later to Parliament.

    We like it so.


  9. Police asked to hold strain due to shortages……….so says the Acting Deputy Commissioner of Police Oral Williams……………………..”I am asking that you bear with us in the absence of a sufficient number of accouterments including batons, holsters, reflective vests, body armour, sprays, shields and other items of clothing to the extent that every member does not have a personal issue”

    ……………………..and these morons had money to buy fireworks to literally blow up…….they have money to burn but not to equip the Police to do their job to protect the citizens of this country. The criminals must be singing “alleluia”!


  10. Prodigal Son,

    Surely you jest?????? Bring me that evidence!

  11. Caswell Franklyn Avatar

    David

    Please explain “dashboard”, I am not familiar with it being used in this sense.

    Sent from my iPad

    >


  12. Mr. Tea,
    I doan really like following multitude to speak evil of the inept and incompetent, so I gine leff you and Caswell to deal with de lotta lawyers in de once honourable house, especially de ones dat biding duh time.

    I know very well that their is no difference between six and half dozen. Preaching to the converted does not win new souls.

    The mere fact that they failed to deliver what was promised invalidates the contract made and precludes automatict renewal. 2013 therefore demonstrated that taxpayers and Bajans in general are indeed ….well you dun noh.

    My quarrel is with the bra…… ahmn… poor taxpayers that refuse to see civil disobedience as option available to them. They are continually wishing and hoping for better and fail to realise that those busy blowing their own trumpets are the least likely to help them blow their own horns.

    The poor taxpayers are too easily persuaded to empty their pockets for these glorifications con artists.


  13. glorified


  14. One of the most important elements of Westminster politics is Prime Minister’s Questions when the Opposition can pin down the PM on key issues on live TV.


  15. King Charles will not sit on the throne idly and allow complaints by the serfs to go unheard or unaddressed satisfactorily.It will be the catalyst for the sleeping primate to hussle republicanism less Charles ordain a visit to the oldest parliament in this neck of the woods and hijack the throne speech from the ailing judge who as recent as the 90’s offered 10 strokes of the cat-o-nine tails for a miscreant thief.
    Many excellent posts here.What does republicanism portend for an advertisement in yesterday’s Sun in which some significant old names of the English gentry are published in a matter regarding land ownership.Brigadiers,viscount,the Honourables,the Right Honourables.Ya tink the road to republicanism easy?


  16. Raw bake
    At a point a right thinking electorate stop talking and bide their time.Let’s hope this is true and a worthy alternative is acceptable to the electorate.


  17. Time to open a discussion on the sweet wrapper (garbage).


  18. Biding time is all well and good, but biding time for killing time sake is a waste of time. Time longer than twine means nothing to a dying country.

  19. Well Well & Consequences Avatar
    Well Well & Consequences

    The Bushman said:

    “Brass bowls APPEAR to be articles of value ”

    Their birth certificates are articles of value, but to someone else, debt slavery. Both political parties OWNED by the same people and those beneath them in a never ending, because most black males don’t have the will, cycle….they are all caught up in the status, titles facade totally distracted and blinded by their own idiocy.


  20. @Caswell

    BU Dashboard is the area we see all the hits/visits to the several topics.


  21. My mother did not send me to school to pick up garbage or sweep floors or scrub desks and benches or close windows when the rain was falling. I should have gone home and complained when I was asked to do such. Why did I hnow better?

    Yuh sih wuh I mean? The country ent only en well, um dying.


  22. @Raw Bake

    There was a time when a class monitor had the respect of fellow students and all the hullabaloo would be avoided.


  23. This is a stark reminder of where we are at on our 50th as a people.

    We no longer know how to deal with conflict despite govts much touted conflict resolution programme and I hold firm to the point of view that my generation and the one before is responsible for creating this mentality of all chiefs and no indians.

    Ellis made the point which my generation adhered to but never passed on to our progeny i.e. if your superior gives you what you deem to be an incorrect order you obey it and then seek redress through higher authority……it was evident that this no longer exists.

  24. Well Well & Consequences Avatar
    Well Well & Consequences

    https://youtu.be/2l_eVdplODI

    A little truth, same thing can be applied to all Caribbean islands.

  25. NorthernObserver Avatar
    NorthernObserver

    The relevance of this entire topic, is whether the grantors (political class) received personal benefit while hiding behind the employment/investment banner.

    Otherwise, the granting of benefits in return for jobs/investment is old news. We might question the necessity, particularly here with CUL, esp in light of the Massey layoffs/closures. Everywhere governments are dishing out ‘freenesses’ to attract business [employment]

    At a pure business level, at least in NAmerica, for a provider to offer incentives to a “new customer” is standard; the cellular, media and insurance businesses are famous for it. The cell folks have even offered at times to pay costs associated with leaving your existing provider.


  26. That was the time when parents supported teachers and children were admonished to “guh school and open yuh skull box and learn”. Back then there were a few “rich” and well to do children at school, but these children and they parents never behaved; even if they thought it, that they were better than the poorer children who were in the majority.

    Today if you live in a wall house and your parents drive an SUV with chrome rims and you have an iphone, ipad and flat screen tv in your bedroom; you are better than the rest of those riff raff.

    Poor Great Extradinaire?


  27. @NorthernObserver

    It is also about a government being able to manipulate process while touting we are transparent and a democracy.


  28. As per usual….a lotta long talk but nothing will change for the better…..but we still need to keep talking and exposing the “evils that men and women do”


  29. There will always be corruption in government no matter the level of transparency, but this seems not to register with some here.


  30. Under the banner of SOCIALISM we are all SURFS, understand that the plan is to “CONTROL AND RULE BY WAY OF THE EXTRACTION OF THE PEOPLES WEALTH WHILE ENCROACHING ON THEIR FREEDOM THROUGH BURDENSOME REGULATIONS”. Socialism has its tentacles like a giant Mantel over the earth and we on the Isles of the Sea are not exempt! It is a slow process of Rot, while promising everything while delivering Poverty under the guise of Equality and Economic Justice, Divisiveness under the guise of Social Equality, Moral Decay as in Relativism as in no Moral Absolutes and where God Is Removed!!

    “Socialists intentionally suppress creativity and innovation by discouraging individual God-given talent and encouraging dependency. In short, your failure is required for its success!
    At the root of socialist philosophy is the demand that you forfeit your faith and the dreams God birthed in you. Additionally, socialists would like you to believe that without coercion, individuals are incapable or unwilling to be generous to their neighbor with their own hard-earned money. It’s just not true! What is true, however, is thievery via over-taxation has never incentivized productivity.
    Free Enterprise (Capitalism) leads to Prosperity and Freedom while Socialism leads to Poverty and Bondage!
    Capitalism doesn’t come with a warranty or “money back” guarantee. Yet, it encourages individuality, creativity, opportunity, risk taking, ambition, pride, dignity, and a sense of accomplishment, promotion, and provision. Nonetheless, the lazy, stagnant, and ambitious are rewarded fairly and equitably. As much as Socialist professes their disdain for capitalism, they’ve yet to offer a better system. The reason is simple; it doesn’t exist”.

    The Adversary plans to destroy Liberty and Freedom-Economic, Political, and Religious, and set in place thereof the greatest, most widespread, and complete Tyranny that has ever oppressed men. He is working under such perfect disguise that many do not recognize either him or his methods and he has been at it since the beginning of time using secret combinations. Names only change to suit the times, its an almost perfect disguise, the Adversary has been at it for Centuries. Communism, Marxism, Fascism, Socialism, Liberalism, Leftism = Stateism which seeks to take away Freedom, where a Few Elitist Benefit!

    These names are only different varieties of the same thing. It has the same outcome, IE, creating Elitist where certain people are favored and benefited. The means to accomplish this has always been Big Government that takes from everyone to create a system that the Elitist controls. This is in direct opposition to Free Enterprise that is not shackled by burdensome regulation. Socialism is against the natural of order of how we live and trade as a free people Life, Liberty, the Pursuit of Happiness and the protection of Property as was envisioned in the American Constitution! That is the natural order of God anything else is an Abrogation. Both Communism and Socialism is Stateism, which seeks Power and Control to take away Freedom, and benefits only the Elitist!

    We are steeped up to our Eyeballs in SOCIALISM, we are dwarfed by Big Government intervention upon our lives… most Countries are under its influence…how much more does it take for us not to recognize its ill effects upon the people. How about our neighbors in Venezuela…That’s Full Blown Socialism in Action…How is that working out for them. How far away are we on this Island with the level of Taxation escalating with nothing stopping it in its tracks? Have you noticed?


  31. @ Donna January 25, 2016 at 11:34 AM #

    Prodigal Son,

    Surely you jest?????? Bring me that evidence!

    ………………………………..

    Page 7 of today’s nation………….direct quotes from the top police!


  32. @ David January 24, 2016 at 10:22 AM #

    @Hants

    If memory serves it was the prospect of jobs being created.

    ………………………………………..

    No David.

    Remember the DLP campaigned on “Cost of living, Cost of living, Cost of living” This was all in the trick that the DLP could bring down the cost of living.

    Out of it all, it is alleged that the Stinkliar got all of his giveaways brought in duty free through these same players. Jobs were the spin off of the concessions.


  33. Well Well & Consequences January 25, 2016 at 12:57 PM #

    That was a very interesting and informative video you posted. It is worth some discussion in this forum, as many issues mentioned can be attributed to Barbados.


  34. Opposition what, didn’t they address all the skullduggery associated with Cost-u-less even before the last election yet the DLP was re-elected? Didn’t the Opposition raised the issue of an appointment of an Executive Director at BWA when the law then or now allows one? The Dems right!!

  35. Frustrated Businessman aka Republic my ass. Avatar
    Frustrated Businessman aka Republic my ass.

    Anyone seen the duty free concessions for Bushy Park race track?

    An area designated by Parliament as a National sports facility like the National Stadium and Gymnasium but operated for profit by more of Stinkliar’s friends with no benefit to the Bajan tax payer other than increased entry costs and restrictive entry conditions?

    Corrupt cabinet running amok over citizens’ birthrights with no-one to answer to.

  36. Caswell Franklyn Avatar
    Caswell Franklyn

    David

    Just for the sake of my vanity, could you say how many hits were recorded on the dashboard.

    Sent from my iPad

    >


  37. Opposition what, didn’t they address all the skullduggery associated with Cost-u-less even before the last election yet the DLP was re-elected? Didn’t the Opposition raised the issue of an appointment of an Executive Director at BWA though the law then or now does not allow one? The Dems right!!

  38. NorthernObserver Avatar
    NorthernObserver

    What the blogmaster needs to tell you Mr.Franklyn is if they are unique IP hits or if certain well known bloggers have hit it 25 times.


  39. @ Well Well & Consequences January 25, 2016 at 12:57 PM #
    Bushie endorses Artax complements re the above video…
    This is what true educational exploration and debate should be about at university level…


  40. Raw Bake,

    There was a time when I trusted most teachers to do the right thing. Sadly that is no longer the case. I would say it is about fifty/fifty. So I cannot agree with you that one should follow all their instructions and seek redress after. Why? Because often there is no redress as some principals are no better than the teachers. After a particular incident at my son’s school the principal and year head told the children to come to them if they feel they are being unfaired. I thank God that he is a man of logic and that he listens dispassionately. School just isn’t what it was in my day.

  41. NorthernObserver Avatar
    NorthernObserver

    @David
    isn’t that politics? Creating a fantasy, and having others believe it is attainable, and convincing them it is being attained?

  42. Well Well & Consequences Avatar
    Well Well & Consequences

    The Bushman….exactly, how can we find ourselves, if we do not know anything about ourselves, yet have the knowledge to find out.

    Art…you are right. The people responsible were taught at university level and are able to articulate and have the info understood at evey level.


  43. @Caswell

    As you know we never discuss stats but from Facebook alone your article pulled 850 referrals in 24 hours and climbing, this figure does not include other referrals and direct hits to BU.


  44. @ Bush Tea January 25, 2016 at 3:37 PM #

    “Bushie endorses Artax complements re the above video…This is what true educational exploration and debate should be about at university level….”

    @ Well Well & Consequences January 25, 2016 at 3:56 PM #

    “Art…you are right. The people responsible were taught at university level and are able to articulate and have the info understood at every level.

    +++++++++++++++++++++++++++++++++++++++++++++

    I also endorse both you and Bushie’s above comments and agree that the level of research and subsequent presentation of the information as demonstrate in the video was quite intriguing (and is surely absent from UWI).

    For example, UWI’s Department of Management Studies should have done research and presented information to the public, relative to the implications of Banks Holdings being taken over by AmBev (even before the actual purchase of majority shares was achieved).

    Such information would also have been helpful in the recent situation whereby Massey was able to buy BS&T and subsequently “de-Barbadianize” the conglomerate; close businesses thereby placing Barbadians on the unemployment line; “re-branding” the Barbadian icon BS&T with the Trinidadian Massey brand; and now in the process of closing JB’s where approximately 47 Barbadians will lose their jobs.

  45. Well Well & Consequences Avatar
    Well Well & Consequences

    There has always been an information blackout aimed the people in Barbados…those in charge never thought the people are entitled to hear about anything affecting their lives and that of their offspring….that attitude extends to whether the politicians are leading or in opposition….they have no respect for the people and only focus on “getting in”.

    Just watch the trend leading up to next elections, they have probably already started practicing in their mirrors, the right way their deceit will work.


  46. As it relates to ongoing discussions about the traditional media, it is interesting that, although it is news, the discovery of a female at a residence in Inch Cape, St. Philip was enough to motivate Stetson Babb to have a lengthy interviews of the deceased’s neighbours and to be featured today on VOB’s 6:30am, 7:30am, 8:30am, 12:30pm and 4:30pm news broadcasts.

    However, the only mention of Caswell’s article on VOB was when David Ellis mentioned it to a few Brass Tacks callers, many of whom were more interested in the cost of the yearlong celebrations. Perhaps Ellis could use the Brass Tacks forum to question these tax concessions.

    This Sinckler/Cost-U-Less debacle, similar to the CAHILL scam, will die a natural death, thereby (assumingly) reinforcing DLP politicians position that they could perform any action, inform the individuals who vote for them and pay their salaries of these actions whenever it is convenient to them and make pejorative remarks to those individuals who seek further information (Sinckler’s response to those who are questioning the cost of the yearlong celebrations is a perfect example).

    They behave this way because they know we are all talk and no action and they will definitely win the 2018 general elections.


  47. @Artax

    And Ellis wonder why social media and BU in particular is very critical of traditional media.

  48. Jeff Cumberbatch Avatar
    Jeff Cumberbatch

    Bush Tea, as versed as you may be in “brassbowlery” and cognate matters, your law is weak,. You urged,sometimes yelling;

    “Jeff, you do us a disservice by supporting the retroactive passage of such an order. As a teacher of the law, you MUST know that, at the very least, for the FOUR YEARS before this order was done, the damn Government HAD TO BE ACTING ILLEGALLY in providing these concessions to Cost You Less”.

    I take it you missed Caswell’s earlier point-

    “I referred to the Minister of Finance waiving taxes under the Duties, Taxes and Other Payments (Exemption) Act. That act and the Interpretation Act require the minister to lay orders to waive or remit taxes in Parliament, “as soon as may be after they are made”.

    Let us contend, therefore, as to whether or not the order was timeously made…or even should have ever been made…but the concept of the validating order, Act or regulation is well known to law (having been used since time immemorial), and does not at all portend chicanery by its usage.


  49. I believe that the next government should investigate every shady deal these morons made with thr likes of Mark Maloney, the Inotech DaSilvas, Bjorn Bejerkam, the Cows, the Cost u mores, the Sandals.

    Enough is enough. They get the concessions, we get burdened with the tax burden.


  50. @ Jeff
    You are correct that Bushie lays no claim to any expertise in Law … especially Bajan law. You are also on point about brassbowlery… But surely you can do better in defence of the four-year gap between a minister remitting taxes for persons unknown and the process being legally ratified.
    Your red herring about the concept of validating order is exactly the point being made.

    No one is disputing the validity of retroactive orders….
    Obviously this process is valid – it is clearly designed to accommodate VALID situations where expedient use of ministerial authority cannot be challenged because of timing realities that may be encountered in the process of managing a complex economy.

    So just because a critical public officer is on leave, ill or otherwise indisposed…. or because of equipment breakdown etc such an order would not be technically invalidated …because the minister is allowed to lay the order “as soon as may be after they are made”.

    Given this ‘inch’ in Law, this Minister takes a whole yard in waiting for FOUR years, until the situation is politically cool enough to get away with the shiite… and you support that…?
    Were it not for Caswell, it would have worked too…

    Do you also support the situation where our courts ROUTINELY delay justice until everyone involved dies ….once anyone of any influence is involved…?

    Can you with a straight face support the four-year gap in the case given?

    …and please stop judging Bushie…. He ain’t worth it…. He is not a politician, does not teach anyone (anymore) and he need only understand the business of whacking and brass bowlery…. 🙂

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