On Tuesday, October 4, 2016 the Nation Newspaper quoted the Minister of Education, Ronald Jones, as having said:

Barbados is a country of laws established by statutes and we have to observe all those laws and statutes. If you go and try to sidetrack the rules of the law, chaos becomes the order of the day

I think most people can decipher the gist of what the minister was saying. That statement, though not profound or eloquent, would tend to make him stand out among his colleagues in my eyes.

My assessment of Mr. Jones came about because of the positions taken by two other ministers on the proposed transition of the Customs Department into the Barbados Revenue Authority (BRA); and the national shutdown that was allegedly ordered, by Government, when tropical storm Matthew was approaching.

BRA Issue

On page 15A of the Midweek Nation on October 5, 2016 it was reported that the Minister of Finance, Christopher Sinckler, had expressed frustration with what he termed the many roadblocks that held up the transitioning of customs officers to BRA. Further, he suggested that the process was being stymied while Government had been bending over backwards to accommodate the trade unions.

I firmly believe that the minister does not have a complete understanding of what the Government is trying to impose on customs officers. First and foremost, Mr. Sinckler should be aware that there is no law on the statute books that would allow the administration to make the Customs Department part of BRA.

The First Schedule and section 2 of the Barbados Revenue Authority Act set out the pieces of legislation that the BRA is empowered to administer. The Customs Act, Chapter 66 is not included. Nonetheless, without lawful authority, BRA has already taken over some aspects of customs operations.

Even if BRA had the authority to take over the Customs Department and offer contracts of employment, as a statutory board, it is required to comply with the Employment Rights Act (ERA). Section 13. (1) of the ERA states:

Where a contract of employment is contemplated, the employer shall, prior to or forthwith upon the commencement of the contract, give the employee a written statement of the particulars of the employment.

Subsection (2) goes on to list the terms and conditions that must be contained in the statement of employment particulars. Most importantly, at item (e), a job description is one of the requirements. No job description has been given to any employee of BRA.

After operating in excess of two years and in defiance of the Employment Rights Act, BRA has not issued a single statement of employment particulars. This is the “chaos” that would be awaiting customs employees if they opt to transition into BRA. In essence, Government is asking customs workers to join it in breaking the law. Thankfully, of the approximately 300 staff only 21 officers and 17 guards have opted to transition to BRA.

National Shutdown

On the approach of tropical storm Matthew, Government is alleged to have ordered a national shutdown, but was it ordered? In my view, Government suggested a national shutdown. No order was ever given. As a result, several establishments ignored the suggestion and opened for business. However, in the wake of the storm no lesser person than the Attorney General cried shame on persons who ignored the national shutdown and initiated a firestorm of criticism and abuse directed against those business owners.

If Government were serious about protecting life and limb, it should have made the shutdown mandatory. Section 28. (1) of the Emergency Management Act gives the Governor-General the power to declare, by proclamation, that an emergency exists, if a disaster has occurred or is threatening.

After the Governor-General makes the declaration, section 28. (9) then states:

When a proclamation of emergency referred to in subsection (1) is in force, it shall be lawful for Cabinet to make any orders whatsoever it considers desirable in the public interest.

One of those orders could have been a mandatory shutdown. If Government were truly interested in protecting vulnerable workers, it would not have, “sidetrack the rules of the law” and allow chaos to become the order of the day. It just seems Barbados is being run without regards to the laws.

82 responses to “The Caswell Franklyn Column – Government Ignores the Law and Does What it Likes”

  1. Well Well & Consequences Avatar
    Well Well & Consequences

    Dompey…in case ya missed the thousands of previous posts on here….both governments in Barbados act unilaterally when they do not consult the people for anything, they keep secrets from the people and never consult with them on anything that impacts their future, theu sell off state assets, give contracts to the wrong people dip their hands in the treasury and refuse to take responsibility, account for or acknowledge their corrupt actions.., that is acting unilaterally.

    So call it whatever you want.., google the word…or reword your comment.

  2. Violet C Beckles Avatar
    Violet C Beckles

    Barbados is a country of laws established by statutes and we have to observe all those laws and statutes. If you go and try to sidetrack the rules of the law, chaos becomes the order of the day@@@@

    A bunch of B/S from a bunch of crooks, liars and scumbags .. all want locking up..

  3. Well Well & Consequences Avatar
    Well Well & Consequences

    http://www.barbadostoday.bb/2016/10/09/stand-up-and-be-counted-regional-leaders-told/

    This dypude would need hammers and nails to get that into the empty heads of those leaders, the ones in Bim prefer listen to the few mediocre nobodies in the minority population calling themselves white and trying to convince the slaves in parliament that Barbados is not a majority black country, not a black nation….lol


  4. When you start wrong , you end wrong. Celebrating 50 Years of Independence. Was a State of Emergency called by the spanking brand new Prime Minister and/or the Governor-General on December 2 , 1966, when troops of the Barbados Regiment were called out and deployed in Bridgetown to shoot down ordinary Barbadians celebrating 24 Hours of Independence?


  5. Well Well

    I am not trying to justify the improprieties of some of our leaders today, but is it possible in our age to point to any country in the world today that is devoid of some kind of corruption? Barbados still remains a force to be reckon with when compared to some of the other islands in the Caribbean, and I’ve been to some of them.


  6. Well Well

    The same argument is being made here regarding the fact that President Obama continues to act beyond the periphery of the constitution. But some readily taking into consideration the fact that the obstructionist tactics by the opposition, fuels the impetus for such actions on the part of the President.


  7. ISSUES RELATED to the legal profession in Barbados fell under the microscope recently, when President of the Barbados Bar Association Liesel Weekes paid a courtesy call on Attorney General Adriel Brathwaite.

    http://www.nationnews.com/nationnews/news/87913/ag-bar-president-discuss-issues

  8. Well Well & Consequences Avatar
    Well Well & Consequences

    Neither Weekes nor Adriel Nitwit addressed the fact that client’s money needs to be taken out of the hands of attorneys in Barbados. ..most of them are too dishonest and like to hold on to client’s money and client’s properties for themselves for years, decades. ..why is the bar association and the AG not addressing these crimes..

    Why are they all, bar association, disciplinary committe and the attorney general still continuing to allow lawyers to steal from their clients on the island..

  9. Well Well & Consequences Avatar
    Well Well & Consequences

    Dompey…you keep saying that and sit and watch while many of those islands march right past Barbados,. I dont know what measuring stick you are using but I too have visited those islands….ALL of them have natural rivers, no water problems and ALL of them are heavily into agriculture and planting their own food, relying on very little imports, not reliant on imports to survive….they know what is important. ..food and water for them is cultural and most important. .

    So explain to me in what way Barbados is better off, they have poor people, so does Barbados.

    They have a few reasonably wealthy people, no one I hear calling themselves moguls or magnets, which they are smart enough to know is pure shit for such tiny islands.


  10. Well Well

    How long since you being to St. vincent? St. Vincent is analogous to Barbados in the 70s, so how is it that St. Vincent is surpassing Barbados in your imagination?

  11. Well Well & Consequences Avatar
    Well Well & Consequences

    Dompey…did I mention St. Vincent specifically, but since you mentioned it, St. Vincent, St. Lucia and Dominica..to name a few…..have remained unspoilt..the islands that claimed to be developed like Barbados are filled with derelict buildings.

    I noticed the same in Port of Spain, it’s when you venture into the countryside like Manzanilla, Las Cuevas, Mayaro etc, ya see the rural villages and unspoilt beauty of the country where the people live simple, uncomplicated lives, ya can then appreciate the true beauty of the country, seeing the rivers run down the sides of huge mountains…many, many tourists express the desire to never see these islands pursue development….to destroy their natural beauty. There is nothing more beautiful than seeing fields of food, coco plants etc.

    Yall might still be trying to eat pretty buildings…good luck.

  12. Caswell Franklyn Avatar
    Caswell Franklyn

    Whenever there is a post on this blog that highlights the level of incompetence of this administration, their two yardfowl imbeciles jump in and try to steer commenters from the real issues.

    The fact remains that this Government runs this country without regard to the law or established conventions. It is either they don’t care or that the Cabinet is made up of an array of dunces.

  13. Well Well & Consequences Avatar
    Well Well & Consequences

    “It is either they don’t care or that the Cabinet is made up of an array of dunces.”

    I will go with that.


  14. Caswell Franklyn

    As a union leader you’re charged with the responsibility of defending employees rights as far the binding contract is concerned. And as a citizen of a democracy country the same rights you espouse for your members are analogous to the rights afforded to AC and myself, though we may not agree at anything, but it is your duty as citizen of a democracy to put your biases aside to ensure that the free expression of opinion isn’t impeded because of partiality.


  15. A Friday evening in Dominica reminded me of Crop time in Barbados ,when we had products to crop. Every farmer from far and wide , have their pickups loaded down with produce to sell in the markets of Roseau . Unlike a crowded Swan and Broad Street in Barbados, the emphasis of Saturday shopping in Roseau is centered mainly around the markets ,where an abundance of produce is on offer, and not the scrawny types we have here.

  16. Well Well & Consequences Avatar
    Well Well & Consequences

    Colonel…I do not know why they equate buildings to progress, development and success…these things/structures of concrete and steel always have to be maintained at exorbitant prices, if government owned, they are usually left to degrade and turn derelict eventually, if privately owned, their welfare rats for owners look to government for contracts to help them continue perpetrate the facade…..at taxpayer’s expense..

    When will their get it through their heads that progress and sucess means being able to feed your people without totally relying on imports….progress and success means always having a constant supply of clean potable water available for your people.


  17. Colonel Buggy October 10, 2016 at 9:52 PM #

    “A Friday evening in Dominica reminded me of Crop time in Barbados, when we had products to crop. Every farmer from far and wide, have their pickups loaded down with produce to sell in the markets of Roseau.”

    @ Colonel Buggy

    You have made a very interesting point.

    The Dominican experience also reminds me of St. Vincent’s and St. Lucia’s market scenery on Saturdays. In St. Vincent, for example, Bedford Street in front of P.H Veira and Bonadie’s Supermarkets is closed to vehicular traffic to accommodate vendors who sell their produce in a manner similar to that of their Dominican counterparts.

    I realized that, although the social and economy variables of Caribbean islands may differ, the core culture is similar. For example, Martinique, Saba and Montserrat have influences of French, Dutch and Irish societies respectively. However, certain cultural similarities of these islands are evident in islands that were dominated by the English.

    Market days and socializing (liming) in the bus terminals on weekends are examples of these similarities.


  18. Dompey October 10, 2016 at 8:33 PM #

    “How long since you being to St. vincent? St. Vincent is analogous to Barbados in the 70s, so how is it that St. Vincent is surpassing Barbados in your imagination?”

    @ Dompey

    You are misleading BU with your above comments, which I deem to be nonsense and made by an individual who has never visited St. Vincent, (perhaps in recent times).

    Essentially, you have made a false or misguided assessment of the island based on what you “feel” as opposed to what is factual.

  19. Piece Uh De Rock Yeah Right - INRI Avatar
    Piece Uh De Rock Yeah Right – INRI

    @ mr Caswell Franklyn.

    You are aman who has passaged this world extensively and seen and heard many things.

    Many a sociologist and political pundit would revise to give some fandangled explanation for what is happening here in Barbados

    I am neither I am a simple man without such profound expertise and education.

    I rely on the simple stories rather observations of life like domino tables, champion domino players and little children.

    Have you ever remarked they, after some of the mists skilled domino matches are over, and de bad menses have left the tables and the chilrun are is reading well, come to that same table what they do?

    They take the dominoes and build domino houses which, they then proceeds to knock down AND IN THE PROCESS CHIP THE DOMINOES.

    Let us be clear Caswell.

    We Bajans, of whom I am chief, invited these little children to the table, something that, even as we speak we are repeating with the errol Humphriesand have watch them drop the dominoes on the floor and skate around on them

    This pack is well effed up and all we can home is that when it is time to play again that the dominoes can be used and that the new set taking position on the board will observe the rules or instead of saying I am passed, sitting down and matching a 5 to a 3

  20. Piece Uh De Rock Yeah Right - INRI Avatar
    Piece Uh De Rock Yeah Right – INRI

    Forgive the iPad mistakes …advise not revise….most not mists ……hope and not home


  21. Artax
    Boy I can’t sah nah hear widout Artax sticking on tah it the way a fly likes jobby. Man you stick on tah mah backside like dah bulla man Cecil from Hinsbury Road dah use tah give de school boys nuff headaches on de way tah Roebuck Primary back en de 70s.


  22. Dompey, you does write nuff, nuff, nuff shiite….. hence why I am “sticking on tah it the way a fly likes jobby.”

    Hmmmmm….. I wonder what is your fascination with this “bulla man” thing?

    Ohhh…… I thought you were molested as a young boy only by those policemen at District A station. But it seems as though it started from your tender years at primary school.

  23. Caswell Franklyn Avatar
    Caswell Franklyn

    Commenters will note that I wrote about two imbecile yardfowls; I did not identify anyone. However, Dompey (donkey) was quick to identify AC and himself as the two imbecile yardfowls. I rest my case.


  24. @Caswell

    What Donville is quoted in th news this morning theresome merit.


  25. Caswell shi.t head you ought to the last one to be name calling your history tells a sorry tale of seriously distrubed man.


  26. You .. Caswell writes an article with a blazing Headline “Govt ignores law”..How do you know thatis true ?Were you privy or invited to the pre-planning with govt officals and agencies
    I doubt very much .However you write an article with. political propaganda headline none of which you can prove absence of several facts and the determinations for govt decision which would have included the sourcing of information from relevant offices and officials involved with storm preparation
    People of your ilk need a Donald Trump to straighten your a.sss out in which case you would get the message before putting pen to paper and writing political poop

  27. Well Well & Consequences Avatar
    Well Well & Consequences

    I still know more people with mental retardation that are way more intelligent than the ACs,


  28. Well!Well! guess you are correct! your daily diatribe demonstrates one of the many ….retard!

  29. Well Well & Consequences Avatar
    Well Well & Consequences

    ACs…yall losers…ya can’t find anything to plagarize…ya run out of steam…lol


  30. Caswell Franklyn

    It is not a sign of true intelligence to have to resort to name calling because you can’t have it your way. Sir you’re beginning to sound more like the nincompoop Donald Trump with his Ivy League education and can’t even construct a simple sentence tah save he life. And finally, only an idiot like you yourself haven’t enough perspicacity to interpretatively extrapolate that only two real antagonist traverse this blog Sir.


  31. Caswell, what happens if a company docks its employees’ wages after the shut down, telling them that they won’t be paid for that day unless they had sick days left? Is that legal?

  32. Caswell Franklyn Avatar

    Anthony Davis

    Your question cannot be answered by a simple yes or no answer. If the person is hourly or daily paid, the employer cannot be forced to pay, unless there was some custom and practice where the workers were paid under similar circumstances.

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