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

    So there is a provision for a state of emergency..on the island. ., what does the GG sit on his ass and do all day, I will bet that this option has never been utilized by any GG in the last 50 years…..

    …,,,,,.is Adriel Nitwit even aware that the state of emergency option exists and can be triggered.

    …….what’s the use of rules and procedures if they are never enforced….when absolutely necessary.

    Get rid of the GG…a messenger boy for buckingham palace, totally useless to the people.


  2. The main problem with trade unions, and with trade union leaders, is that they infect essential labour negotiations and other ‘political’ debates with unhelpful adversarial attitudes. They poison the well, destroy goodwill, engage in hyperbole and demagoguery, and generally make such nuisances of themselves that even when they have important points to make, they leave everybody feeling disgusted, depressed and unhappy.

  3. Caswell Franklyn Avatar
    Caswell Franklyn

    Well Well

    I agree that the the post of Governor-General should be abolished but not for the reasons you stated. In case of an emergency caused by a approaching storm, in order to declare an emergency, the GG must act on the advice of another person. In the first instance, that person is the Prime Minister. Richard Sealy was acting at the time, so instead of going on television saying that there is no need to legislate everything, that clown should have made himself familiar with the law.

    Section 28. (2) is relevant. I do not have the expertise to extract that particular section with my iPad so I will send the entire act to David and ask him to do so.

    BTW, if Jones were acting, he would have gotten his opportunity to crack heads and shoot Kellman and the others. LOL!

    28-2

    28-2b


  4. Caswell Franklyn

    Why would the Governor General need to act on the authority /advice of the Prime Minister in an emergency such as a storm -when it is his or her vested duty to declare one? You’re behaving as though the Governor General is commiting troops to put down an arm rebellion, a far greater national crisis. Your assessment of the Governor General authority is the psychological equivalent of the State’s Attorney General asking the Governor of the State to bring a lawsuit against the Federal Government for encroaching upon the state’s constitutionality -when it is his or her vested duty to do so.


  5. So Caswell point is that govt ignore the law. in what way ? Was govt not in its right to use a moral path of persuasion as an alternative method as a specific requirement to all business?
    Are there not periods when govts have refrained from using actions required by legislation and lean on the consciousness of its people through moral persuasion to deliver a strong message in a timely fashion with a necessity to create order ?
    Have society become so hardened at the heart that govt should not pursue less civil course of action with a meaningful ingredient of protection

  6. Well Well & Consequences Avatar
    Well Well & Consequences

    “I agree that the the post of Governor-General should be abolished but not for the reasons you stated. In case of an emergency caused by a approaching storm, in order to declare an emergency, the GG must act on the advice of another person. In the first instance, that person is the Prime Minister. Richard Sealy was acting at the time, so instead of going on television saying that there is no need to legislate everything, that clown should have made himself familiar with the law.”

    Caswell….if the GG is nit6 being used for those reasons and all the other reasons that we know of and some we maybe do not know because the prime minister, other ministers and AG do not know themselves, are not familiar with the laws….would not enforce them even if they knew those laws existed….that renders a GG totally use….

    ………apart from the post being totally useless any, it does not apply to a majority black country of African descendants. …who are nit familiar with their real history and culture.

  7. Well Well & Consequences Avatar
    Well Well & Consequences

    …..if the GG is not being used for those reasons…….

    Dompey…that is not what Caswell said….apparently how they got it set up in Barbados, after being advised the GG can declare a state of emergency to protect life and limb before e island is hit by a natural disaster….or if idiot Jones starts seeing rioters under his bed….lol

    ….the act specifically states the GG can act after being informed…blah, blah….

    …….after Katrina there was a state of emergency in the South….after an earthquake a governor can declare a state of emergency…to protect life and limb in any naturual or unnatural occurence…act of whatever….a state pf emergency can be declared by President, Prime
    or whever holds the portfolio for national security.

  8. Well Well & Consequences Avatar
    Well Well & Consequences

    ACs…no one in the government uses the little brains they got…they only come out yapping…after the fact.


  9. AC

    I do agree with your argument that in times of national crisis a leader can act of the mandate of the people and overreach his or her constitutional authority for the betterment of all. It is just share commonsense and the countless pages of the history books bears witness to this fact, and perhaps, Mr. Franklyn ought, must and should read them before he decides to engage in his predictable brand of political demagoguery.


  10. Well Well

    Governor Scott of Florida declared a state of emergency ahead of hurricane Matthew, so his thinking were unlike that of the Governor General.


  11. i have avoided Caswell authoritarian explanation of law for several reason it creates chaos ad division an doctrine of commitment to a rubber stamping of anarchy


  12. i have avoided Caswell authoritarian explanation of law for several reason it creates chaos and division and a doctrine of commitment to a rubber stamping of anarchy


  13. @Caswell

    Section 28.2 updated as requested.

    One gets the impression the will/practicality to invoke a state of emergency based on a ‘threatened disaster’ is where the problem lies. So far the protocol has been working but in a protracted poor state of economic performance some businesses are prepared to step outside the boundary of what is best practice/protocol. Just last week Eddie Abed who heads the BCCI criticized the current arrangement. BU is of the view the protocol needs to be given teeth in law to respond to situations where the authorities need to be flexible/agile in decision making.


  14. @ David
    The problem with invoking a state of emergency is that it requires a sensible, credible threat in order to initiate such a declaration. There are legal ramifications and people are held to account. Not even the current DLP idiots would declare a SOE for a damn depression….they would become the laughing stock of the whole world.

    The jokers we have in parliament are low class JAs who thrive on informal arrangements – where no one takes responsibility, and where the only outcome is that they appear to be doing something…

    @ Caswell
    The Government has the right to close down GOVERNMENT OPERATIONS. Whenever DEM or even some functionary in the MoE decides, they can always close government agencies, schools etc….. after all they will all get their pay…

    The mistake the monkeys made was in thinking that this automatically mandates serious businesspeople to follow their lead.


  15. Bush Tea October 9, 2016 at 8:27 AM #

    The problem with invoking a state of emergency is that it requires a sensible, credible threat in order to initiate such a declaration.

    Sir and at what stage or level of an emergency does govt reached an assessment and issue a declaration?
    Please note sir govts heavily rely on information given by reliable resources as a response for security and emergency action if necessary
    The govts response in natural disaster is not done by the tossing of a coin but by the gathering of reliable information through several sources discussed and agreed how and when it is crucial for govt to issue warning to protect its citizens
    Whether govt choose to rely on laws that govern as enforcement it is an option which govt can waived given the severity or nature of the crisis


  16. @Bush Tea

    “The Government has the right to close down GOVERNMENT OPERATIONS. Whenever DEM or even some functionary in the MoE decides, they can always close government agencies, schools etc….. after all they will all get their pay…

    The mistake the monkeys made was in thinking that this automatically mandates serious businesspeople to follow their lead.”

    In the past the protocol has worked. The challenge is whether post Matthew if suasion supported by public outcry will do the trick.

    >


  17. @9

    Good point because Governor Scott of Florida based his State of Emergency on information ascertained from the National Hurricane Center and many other credible sources of information.

  18. Caswell Franklyn Avatar
    Caswell Franklyn

    Thanks David

    Sent from my iPad


  19. I guess in Bush Tea’s mind the assessment is made when haft of Bridgetown is awashed into the Caribbean Sea? And is it not logical to err on the side of caution rather than to wait on Bush Tea’s credible threat?


  20. It is the height of stupidity to compare the mandate of a USA Governor with that of a Governor General.

    Whereas a US governor is elected, the Governor General of Barbados is appointed by the Prime Minister and acts on advice given by the Prime Minister.

    In other words, the Governor General is only a “figure-head,” i.e. a nominal leader without real power.


  21. @ David

    Yes, but nobody has to obey them.

    Remember, any government could declare whatever they want but the people could also decide not to cooperate with them, civil disobedience.


  22. Artax

    It is a blatant lack of comprehension on your part to misconstrued what I’ve written, in an effort to inflate your want of attention. I did not compare the Governor to the Governor General, but the Governor General to the Attorney General Sir.


  23. Pachamma

    Any sensible people in this time and age would think twice about disobeying a government directive- given the Katrina disaster and the many who died senselessly for disobeying the government directives during this natural disaster.


  24. Dompey October 9, 2016 at 6:48 AM #

    “Why would the Governor General NEED to ACT on the AUTHORITY /ADVICE of the Prime Minister in an emergency such as a storm -when it is his or her vested duty to declare one? You’re behaving as though the Governor General is commiting troops to put down an arm rebellion, a far greater national crisis. Your ASSESSMENT of the Governor General AUTHORITY is the PSYCHOLOGICAL EQUIVALENT of the State’s Attorney General asking the Governor of the State to bring a lawsuit against the Federal Government for encroaching upon the state’s constitutionality -when it is his or her vested duty to do so.”

    @ Dompey

    Your above comments illustrates your ignorance.

    Why would you want to compare the Governor General with the Attorney General?

    Perhaps it’s you that is in need of attention, because you have returned to BU to spew shiite.


  25. I am still to see a DEM rep like the guy ? Lorde.That man came across as an informed and almost ‘cocky’ expert,daring one to challenge his assessments.


  26. Artax

    What is brother your high level of education? I’ve made the comparison between the Governor, Governor General and Attorney General, to demonstrated the point regarding the vested authority between these three sphere influence Sir?


  27. Artax

    US Attorney Generals is appointed by the president confirmed by the Senate, but yet his constitutional authority is far great than the State’s Attorney General who elected by the people. So because someone is appointed by the president or the prime minister for that matter, is does not mean you cannot compare those who are appointed and those who are elected in terms of they vested authority.


  28. @Dompey

    It has not taken very long for your illogic to shine through. In florida recently did all citizens follow the instructions from the Governor to remain indoors and or retreat to shelters?

    >


  29. Dompey October 9, 2016 at 9:27 AM #

    “I DID NOT COMPARE the Governor to the Governor General, but the Governor General TO the Attorney General Sir.”

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

    Dompey October 9, 2016 at 9:52 AM #

    “I’ve made the COMPARISON between the Governor, Governor General and Attorney General, to demonstrated the point regarding the vested authority between these three sphere influence Sir?”

    @ Dompey

    You doan even know wuh you trying to compare.

    Your above comments have once again highlighted your ignorance.

    It is the height of stupidity to compare the mandate of a US Governor and US Attorney General with that of the Barbadian Governor General and Attorney General.

    “What is brother your high level of education?”

    Look, I dun wid you!!!!


  30. David

    I would be a fool to admit such a fact because we all know there is always general exception to the rule.


  31. Artax

    Cheese on bread…man yah stick on tah mah like white on rice … Do mah aa big favour doh, gah back tah bed and continue tah suck yah finga. Yah worse dan aa wuman and I meant dah not in a derogatory way.


  32. @ Artax
    Boss, Dompey is AC’s runt retarded brother in logic.
    One does not argue with him….

    David..
    Anyone who would depend on the judgement of this DLP government – given their history from CLICO, to Four seasons, to water, to sugar, to cement, to Hyatt, to Cahill to Customs to….. yu name it, …would only be a jackass just like DEM.

    …and anyone who thinks that a whole damn country should shut down every time a tropical depression approaches on what is their NORMAL paths …. probably deserves everything that they have… mostly debt …in all probability.


  33. Bush Tea

    So as a lead you’re going sacrifice the safety of the masses to save few dollar my friend? That doesn’t even seem sensible from a totter’s way of looking at things Bush Tea. And as the gentlemen told you earlier: you based your decision to close shop on reliable sources of information rather than sit around as you informed you would have done and wait for a credible threat to occur. Would you seriously risk the lives of the people of Barbados to save a few dollars man?


  34. Bush Tea

    Bush Tea

    A leader’s duty and responsibility goes far beyond saving a few dollar Sir. A leader’s duty and responsibility is to instill confidence in the masses in a time of national crisis. Do you remember Presisent Franklin D. Roosevelt words to the American people and western world during World War II: ” We have nothing to fear but fear itself?”


  35. @ AC

    We see that as an expression of your puppy love for Bushie. LOL


  36. Bush Tea

    He obviously surprised me this morning because here we have the same man who continually accuse the ruling party of shortsightedness, but here is he on social-media showing the Barbadian public and the rest of the world what kind of a decision he is willing to make in a time of national crisis. Doesn’t he sounds more like Donald Trump with bare smoke and very little fire?


  37. Lawd have its mercy twice!Dompey back and AC brandishing a new tool to compete with Piece and Colonel but so far failing miserably.


  38. Gabriel

    Lawd have its mercy twice!Dompey back and AC brandishing a new tool to compete with Piece and Colonel but so far failing miserably.

    I believe you have failed miserably in your analogy to compare posters” jabs” as in competition with the stoopid political cartoons


  39. Gabriel

    If the entire world agrees on everything, it indicates quite conspicuously that as a human species we aren’t thinking. So obviously, there ought to be room for difference of opinion or else the progress see witness in the human affairs ceases to exist. And whether you agree or disagree with my narrative is doesn’t matter to me, but what matters most in my mind is the fact that you allow me the latitude and freedom to express my opinion and I do lilikewise Sir. Got it? Its sounds like the same democracy Churchill characterized as the worse form of governance.

  40. Anonymouse - TheGazer Avatar
    Anonymouse – TheGazer

    @ac
    “If at first you don’t succeed then you shouldtry and try again”.

    This is your third or fourth venture into posters and it seems as you are not improving (failing miserably).

    Perhaps you needs to follow this ‘new’ adage: “If you try again and again and it still is not working, then you should stop”.

    After all, not stopping is the definition of madness.


  41. @ Dompey
    Is there any truth to the rumour that your neighbour has formally apologised to your family for having saved you from that house fire some time ago…?
    Word on the street is that, having subsequently been briefed of the impact of his interventions back then, his remorse has been epic…..


  42. @ The Gazer
    “If you try again and again and it still is not working, then you should stop”.
    ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
    In all good conscience, …that adage CANNOT be applied to AC or Dompey.
    Shiite man!! ….that would be tantamount to calling on them to stop living….

  43. Well Well & Consequences Avatar
    Well Well & Consequences

    ACs…this is called a very successful poster, it’s judged by the number of views, try creating something of that calibre, if ya capable, instead of plagarizing, copying and pasting other people’s ideas.

    https://imgur.com/gallery/9hhFq2I

  44. Well Well & Consequences Avatar
    Well Well & Consequences

    Dompey October 9, 2016 at 7:29 AM #
    Well Well

    “Governor Scott of Florida declared a state of emergency ahead of hurricane Matthew, so his thinking were unlike that of the Governor General.”

    Make that…Scott’s thinking was unlike that of the acting PM…, the GG cannot do anything unless advised by the office of the PM..

    The GG is a useless figurehead. ..a messenger boy for the UKm specifically buckingham palace..he can do nothing without being told.

    Hope ya got it now Dompey.

  45. Jeff Cumberbatch Avatar
    Jeff Cumberbatch

    @WW& C, it is not as bad as you think!

    (4) Where the Governor-General is directed to exercise any function after consultation with any person or authority he shall not be obliged to exercise that function in accordance with the advice of that person or authority.


  46. Bush Tea October 9, 2016 at 12:41 PM #

    In all good conscience, …that adage CANNOT be applied to AC or Dompey.

    ok bush tea you are soo right

    http://english-learners.com/wp-content/uploads/Every-bodys-business-is-nobodys-business.jpg


  47. Well Well

    Can you really name any instrument of government which acts unilaterally? Sorry, unless one lives in a dictatorship!

  48. Well Well & Consequences Avatar
    Well Well & Consequences

    Jeff..so in other words the GG can say he is not doing it when advised by the PMs office, which makes him even less useful, cause if he ignores advice and does his own thing without informed knowledge and is wrong…it can also cause loss of life in a natural disaster scenario.

    What has the GG ever done from its inception that benefits the country…besides being a messenger and middleman.

  49. Well Well & Consequences Avatar
    Well Well & Consequences

    And dont tell me he visits hundred year olds and gives them cards from the parasite in buckingham palace…that is crap, useless…has nothing to do with the people’s longevity.

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