In the Budgetary Proposals on August 16, 2016 the Minister of Finance introduced something called the National Social Responsibility Levy (NSRL). It is supposed to be levied on all imports at the border and local/domestic production at a rate of 2% with effect from September 1, 2016. In order to make the imposition of yet another tax palatable, the Minister claimed that this new levy was intended “to assist in offsetting the cost associated with financing public healthcare service provision…”
Even though this country is already severely overtaxed, many people including me did not mind having to pay increase prices, for the stated reason, because of the dire state of the Queen Elizabeth Hospital and other public healthcare facilities. But now, after nine months of collecting money to improve healthcare, as far as I can see, there is no discernible positive change to the delivery of health services.
In the most recent Budget the Minister increased the rate of the levy from 2 to 10%. This time Government did not bother with the pretence of financing healthcare. It just seems as though government is trying to dampen demand for foreign goods by taking away the means to pay for them, thereby conserving what little foreign exchange the country is now earning. Mind you, that is a discussion for the economists and out of my league.
Nonetheless, I would like to find out under what authority is Government continuing to collect this levy. Don’t get me wrong, I am not questioning the Minister’s right to impose taxes during a budget presentation. My concern is that after nine months, I am yet to see the NSRL Act in place so that Government can lawfully continue to collect this tax.
The Minister of Finance is empowered by the Provisional Collection of Taxes Act to impose a new tax or increase the rate of an existing tax, without first passing the enabling legislation, but that power has limitations. Sections 3, 4 and 5 of that act are relevant:
3.(1) Subject to this Act, where
(a) the imposition of a tax; or
(b) an increase in the rate of an existing tax,
is contained in any budgetary proposals, then from the date specified by the Minister in such budgetary proposals (hereinafter in this Act referred to as the specified date)
(i) the imposition of such tax shall be as effective as if an enactment had been made or passed imposing such tax and the tax shall be payable as from the specified date;
(ii) the increase in the rate of the existing tax shall be effective from the specified date and the existing tax shall be payable at the increase rate as from that date.
(2) Any tax or increase in the rate of an existing tax which becomes payable pursuant to subsection (1) shall cease to be so payable if the appropriate enactment for the imposition of the tax or for increasing the rate of the existing tax is not made or passed within 4 months of the date on which the budgetary proposals are made to the House of Assembly.
Section 4.(1) goes on to provide that the tax is payable from the time the Bill imposing the tax is introduced into the House of Assembly, if no date is specified in the Bill. Section 4.(2) then states:
(2) Any tax or increase in the rate of an existing tax which becomes payable pursuant to subsection (1) shall cease to be so payable if the Bill
(a) is withdrawn from the House of Assembly; or
(b) is not passed by the House of Assembly within 4 months of the date on which it is introduced therein.
More importantly, section 5 states:
If pursuant to subsection (2) of section 3 or subsection (2) of section 4 any tax or any increase in the rate of an existing tax ceases to be payable, ten any sums paid by any person by way of such tax or increase in the rate of an existing tax shall be refunded to that person.
In a nutshell, those sections are saying that Government can introduce measures in a budget to impose new taxes or raise the rate of an existing tax but it has four month to pass the necessary legislation. Failing that, the tax ceases to be payable and any sums paid shall be refunded.
Government must set the example and obey the laws of this country. There is only one lawful way for Government to retain the money that has already been collected by this NSRL. It can pass a validation act but such an act would require the votes of two-thirds of the members of both Houses of Parliament, since it would have to alter the Constitution.
Now let’s see what the Opposition will do.
Has any official statement been offered as to why the law has not been enacted to support the NRSL?
William. Please post the following info as well. Firstly, the BWA bought the land on which the building is located over 15 years ago and under the NHC Act. So the notion that he had to regularise the title to the land is absurd.
Secondly, CLarke Gittens and Farmer, the law firm which worked for the financier (and whose legal fees the BWA also had to pay and who prepared ALL of the documentation) charged $275,000.00.
Thirdly, the BWA found the bill to be so large, that they had to pay the fees in installments.
Micharl Carrington invoiced the BIDC fees of $1,000,000.00 for sale of a building at Newton Roundabout.
Michael Yearwood charged the SSA $1,500,000.00 for the Cahill project, when the SSA Board did not even have any knowledge of the project.
Richard Byer, a DLP member, charged Caves $750,000.00 for work which, when it was first done under the BLP, the fee was only $30,000.00. Same work, but the fee is $720,000.00 more.
But David Thompson led from in front, as any good leader would. According to the CLICO forensic report, Thompson charged CLICO $2,000,000.00 for the purchase of CCB, and the he charged CLICO a fraudulent and wholly fictitious $3,300,000.00 for work that did not even exist.
And we have to ask how much Adrian King, son of Maurice King, charged Clearwater Bay Limited ( the governement entity) that guaranteed the loan to The Four Seasons project? Some say $5,000,000.00
Can you imagine that someone named Hal Gollop who is or was the Law Partner of Freundel Stuart invoiced the water authority 1.5 million dollars for attending meetings.
We should fully explore the relationship between government and Simpson Motors. At the stroke of a pen the PM can rescind and arrangement which seeks to replace a good vehicle albeit four or five years old. In an election year the optics of upgrading to the latest Mercedes is Insensitive to be mild about it.
Good yorker Caswell.
Can we move that Hal Gollop story to another blog?
It is important, but two big issues cannot live in the same space like this… 🙂
BOTH these issues need the fullest possible exploration….
Let us encourage the comments to inform a separate blog.
The mistake you keep making with the PM is in presuming that he is not a complete idiot.
It may well be more complicated than simple idiocy…
But however you cut it, some shiite is seriously wrong with that man…
If Pastor Vibert was still with us, perhaps he could have helped….
crooks Obey no laws. more like rules of crooks liars and scumbags,, to much evidence there and all over to give them much type,.More pain to come, if people want to play with parties of crooks, i will invest in lube the big one is on its way, more guns , drugs and pimping to CUM,
Shameful does not begin to describe Fruendel’s wicjed actions, a 4 or 5 year year old vehicle can be traded in, but accirding to what am told, Simpson Motors has repossessed Mercedes even younger than that, that Fruendel could have gotten a whole lot cheaper….and why does he need a mercedes anyway…… Moody’s S&P, IMF, CDB and myriad local and foreign and local agencies have been warning both governments for over 10 years about the reckless way they spend taxpayer’s money.
Fruendel was not born in or with a Mercedes, could not afford one as a mediocre lawyer, but yet clearly have no empathy or respect for the suffering taxpayers, a suffering that he and his greedy ministers, lawyer friends, business friends read CLICO and close business partners clearly caused when they all maliciously colluded to rob the treasury and NIS pension fund of hundreds of millions of dollars….over a period of decades…despite warnings.
“Not one effing seat” for DLP.
Where is Piece anyway.
My column must be submitted to the editor on Thursdays by noon. After, I had submitted this article I discovered that they passed the National Social Responsibility Levy Act around 1:20 a.m. on Friday. Needless to say, they purport to validate the unlawful act of collecting the levy for nine months without having parliamentary approval. To do so is unconditional if the act does not state that it alters the Constitution to the extent that would bring it in conformity with the Constitution. And then they would have to pass it by obtaining a two-thirds majority vote. The law is clear, all the money that has already been collected must be refunded.
I have already consulted a lawyer and I am seeking to raising funds to mount a challenge in court.
The pertinent question: why did the opposition parties; all of them, not challenge the unlawful collection of the NSRL.
Fruendel clearly much prefer enrich Simpson at taxpayer’s expense, rather than help the people save bleeding foreign exchange and cap reckless spending, what he did is unconscionable and he must be punished severely at the poles for his lack of care for his own people.
Does this idiot know that they are not enough Simpsons on the island to reelect him.
Clearly both him and his dotish ministers remain out of touch with reality.
Do what you gotta do Caswell.
They misused, ignored and abused the constitution to financially rape the people.
They clearly care nothing about the hardships they have visited on the people for 9 long years.
It is my understanding that Simpson’s plane is kept in a hangar at Grantley Adams Airport and there are a customs and immigration officers who guard it full time. If true, who pays the costs?
Further, who at e the local agents for Volkswagens? Have our regulators investigated the problems VW has been having in the US and Europe over diesel fuel discharge?
This is incorrect.
Caswell has raised an interesting point,one already acted upon by Commisiong which I think needs pursuing by whatever means more knowledgeable heads than mine deem fit.
Crowdfunding…….which is the practice of funding a project or venture by raising monetary contributions from a large number of people. Crowdfunding is a form of crowdsourcing and of alternative finance. In 2015, it was estimated that worldwide over US$34 billion was raised this way.
Why should Caswell,David,et al for the good of our country’s citizens have to pay from their pockets when questionable practices are identified and need settlement in the court of law……we need to establish such a fund and place both David&Caswell as trustees in charge of it…..what say you?
Do you see Bajans enthusiastically supporting crowdfunding to support a civic cause? We love to talk. BU cannot get a boy to support an e-blast campaign yet we sing the praises of BU.
valid point…..why do we bother then?
Deep within some of us there is an innate desire to do the right thing.
Prostate cancer is deemed to be treatable if caught at an early stage.Could some one explain, unless you have money for a private consultation, why it takes 6 months for a check up at the QEH and then today that person known to me is called and told that they have to wait untill september,a total of a 9 month wait……Are we serious in this country does anybody have any advice to offer?
This was placed on fb by me yesterday and it highlights the point made by Caswell,that despite the increase in money the QEH gets no better.
More gangs, more drugs, more guns, more violence, more unemployment, more transactional sex ………… The PM will however drive past the minions in his Mercedes.
I wonder if the PM and his goons have any plans to reside and work in this country after they drive this country into the ground.
Vincent have you not heard the Minister of Health – (past hotelier) spoke emphatically in parliament on how well the hospital is runned – best, in the common wealth.
These Ministers are jokers!
And; I would like the Minister of Housing to cease from calling into the call in programmes until he has sorted the many issues plaguing his Ministry the NHC – please!
@ Fly On Den Wall
” William. Please post the following info as well. ”
Just to set the record straight, I think you mean Caswell. I am not in anyway connected to this post. Thanks.
First ……. a very clear message has to be sent by the people to politicians/government ministers and their friends, their lawyer colleagues, business people and minorities, particularly local and especially foreign minorities who all believe they are entitled to steal bajan taxpayer’s and pensioners money by the hundreds of millions of dolllars…..that they are not entitled, not only should they be exposed, but locked up for a long prison time, none of them have any conscience and delight in stealing money to which none of them are entitled.
Fruendel lived to age 58 or 59 without a Mercedes,, it’s been about 7 years he has had the privilege of driving in a taxpayer funded mercedes and all of a sudden he cannot live without one….he is not entitled to any mercedes…unless he can buy his own, with his own money.
And if he had a gram of integrity, he would have gotten rid of, like some conscientious and intelligent leaders from Africa have done, all the fleets of expensive, foreign exchange draining, high maintenance, unnecessary cars that keep draining the treasury and settle for more fuel efficient, cost effective vehicles for government, lead by example, but in his mercedes mentality state of mind, he has no integrity.
Ah wonder what wonder boy Grenville who has been steadily defending the wicked deeds of this government has to say now that these massive thefts of taxpayer and pensioners money have been exposed across cyberspace….what will he defend now that both he and Fruendel have proven to be blow up artists……both of them having successfully blown up their own election campaigns.
Ah believe they would get jobs in the middle east, there are always openings for suicide bombers and blow up specialists..
Mr Blogmaster at 7:53 AM & 8:38 AM re ” Let us encourage the comments to inform a separate blog.” AND “Do you see Bajans enthusiastically supporting crowdfunding to support a civic cause? We love to talk…”——
Yep, essentially we could talk as much as we want but as Caswell’s overall piece clearly shows and as also was shown with the ‘GAIA fingerprint’ legal misstep, this government – nor any other frankly – will be shackled or stopped until we put their backsides in court.
This matter of legal over-charging borders on the edge of fraudulent invoicing. There is absolutely no INTENT or desire to curb this ‘hoary’ (LOL, ode to 2nd form and all puns intended, too) practice.
The matter of the Caves invoicing was instructive. Not only did the DEM lawyer charge 20 X more for similar work but the Minister OVERRULED the executives at the Cave Authority who refused to pay the exorbitant charges.
A clear case of conflict of interest of the worst kind of political patronage.
Now of course fraudulent invoicing is a serious charge and can incur civil and criminal sanctions if proven.
Surely it is one of those issues covered by Dean Cumberbatch or his colleagues in T&T to law students.
Bit yet it is unfathomable that any in our legal profession would send any of their brethren to jail or to the ‘poor house’ for this… Sad to paint with such a broad brush but the long years of this insidious behavior seem to support that.
To that point in a prior blog some weeks ago, attorney Commissiong spoke of his turning down a post with the then government …what may have slipped by most readers was a remark he made about (and I paraphrase) that in doing so he also was forgoing his legal work with a government entity.
I am not imputing any misgivings to the gentleman but the clear inference was that such work was a key part of his ‘professional life’…. It was a validation of his years as an attorney and, oh by the way, his public gov’t support or at least lack of critique of them!
Even to hear MP Hinkson excoriate the current government as building their war chest via the astronomical fees from their acolytes was note worthy….can any of the attorneys who get or have gotten government work cast that first stone!
Not until the first case is called in our Supreme Court for what is clearly fraudulent invoicing and someone is fined or God forbid sent ‘down the river’ to the ‘hoary pokey’ will anything change.
This matter of legal over-charging borders on the edge of fraudulent invoicing.
I will post this on Jeffs and see if it can be pursued in court.
It is fraudulent invoicing and should be indictable.
These guys figured out how to work the system to their advantage. It may stink to high heavens, but perfectly legal.
Well Well ma girl
Did Fruendel Stuart not stated that his father raised pigs and his mother was a maid? In that lies the answer; why he would not opt for a recondition Mercedes when he as Prime Minister from humble beginnings can have the opportunity to smell that new car smell coming from a luxury vehicle. It ain’t every day you get to be in this position to have it all. Ma girl em is simple, just look at what measures Stuart has taken to show that he will lead from the front. Have you found any yet? If the ten percent restoration was not enough to prove to you that Stuart only cares about Stuart and the loyal lapdogs, then nothing will. This man spent more than 7 million on a celebration that went up in smoke at a time when the island was reeling from Low Lowe’s garbage. Would we ever see a breakdown of how this money was spent? Girl, the man was willing to commit the island of Barbados to a waste to energy project under a set of ridiculous giveaways. He was acutely aware that the owners of the plant would sell it after a few years- working, problematic or otherwise- that would have been the anvil around Barbados neck for scores of generations to come. Did he not sign on the dotted line and denied his involvement? He has been taking care of his campaign donors, ensuring that the money flows in their direction, but found all sorts of excuses for not being able to take care of Barbadians primary needs. The man is set for life. And, where the other idiot ministers have created controversies for themselves due to their lack of patience and insistence that they must get their share of the fatted calf now, Stuart has been fattening certain persons with millions so that when his ass is kicked out, those same persons will be storing his millions as he continues to pretend that he is an honest, upright man. The man is smarter than you think. That is why he does not give a rats ass about certain developments or those who do not like him.
The issue raised by Caswell gives rise to this question. How is it that a lawful opposition replete with attorneys at law never sought to bring this matter to the fore? As impassioned and as eloquent as the opposition leader was in response to the government’s suicide note as delivered by the MOF, if memory serves correctly the late David Thompson was just as brilliant back in 2007. What have we to show after falling for the foolishness about forensic investigations? A rose by any other name is still a rose, so lets remember that right at the Emancipation Statue we accepted A Covenant Of Hope back in 2008, albeit a different leader’s pronouncement. What have we to show since then? A more blatant bunch of wicked persons who will ride off into the sunset to enjoy the spoils of their pension inflated by a retroactive 10%. Our 10% carries the title NSRL. Oh how quickly we forget.
The Opposition raised this more than once, including during the Budget debate.
It is not enough for the Opposition to mention it in parliament. They must be seen as a strident advocate on behalf of the people.
What opposition raised what??!!
Do you mean a mere mention – mainly to emphasise that no one should dare question them come next year …when THEY do the same shiite?
The question is, why did the opposition not take the matter to court like Caswell?
…. or at least bring a resolution and force the thieves in the DLP to vote publicly against it?
Why not bring a resolution requiring ALL such work to be tendered PUBLICLY? …or if that already is the requirement, to expose those breaking the rules…??
Mia Mottley is not going to do one shite. Mia Mottley is doing just what David Thompson did when exposed elements of the BLP corruption. As soon as she wins the election she will commence operation BLP do shite time.
Caswell, this is a serious accusation “Lawless Government Ignores the Rule of Law”. Most of BU Family would agree with the statement, the QUESTION IS what is available LEGALLY to hold government and Government Officials (Politicians & Civil Servants) to account other than civilian uprising.
You didn’t read the part where Caswell is lamenting lack of resources to pursue these kind of matters in the court?
I do not see in Caswells article any mention of Lamenting Resources to purse legal action. He is president of one of the countries largest unions, time for action, step up and play the game or be benched. Unions in Barbados have had their way for the past 30 years with government blessings while the economy was flying HIGH, now the government will see all unions reduced to whimpering dogs.
This is exactly why Barbados continues to flounder like whale in shallow water. Even though we know better, we continue to choose party over country driven by the lure of what is in it for me. That is why the politicians behave as they do. Self interest and greed drive us. That is why all important but terribly expensive drugs disappeared from the National Drug Formulary much to the detriment of the average Joe who found them cost prohibitive, and would have suffered before making the ultimate sacrifice, only to have the likes of haughty Richard Sealy show up at St Cyprian’s to perform an act of naked self service in the form of embracing bereaved family members and profess the offering of condolences. All the while a white headed Jack ass prances around Quakers road extolling the virtues of proper representation. My country returns to its glory days when we as Barbadians decide that we have had enough of this DLP/BLP con game. Should Mia Mottley prove me wrong i’d be happy.
“Well Well & Consequences Observing Blogger June 4, 2017 at 7:54 AM #
Shameful does not begin to describe Fruendel’s wicjed actions, a 4 or 5 year year old vehicle can be traded in, but accirding to what am told, Simpson Motors has repossessed Mercedes even younger than that, that Fruendel could have gotten a whole lot cheaper….and why does he need a mercedes anyway…… Moody’s S&P, IMF, CDB and myriad local and foreign and local agencies have been warning both governments for over 10 years about the reckless way they spend taxpayer’s money.”
Now, tell me if this make sense. This is election year, and whether your party retains or loses the govt, what is the sense of changing a vehicle now when you could do it next year when you win comfortably or for the next PM to get the vehicle then. Finance Ministry encouraging a lot of wastage. I hope that the next PM will drive about their old cars and/or SUVs and save the tax payers some much needed cash at this time. He could have stick a pin in it til next year after the bloody elections. So unconscionable this govt is.
SSS…Fruendel cannot wash away where he came from by soaking taxpayers for a mercedes…where he came from will always be with him…he cannot outrun it no matter how fast or far he tries to run…it just makes him look desperate to erase his past.
Bajans have now come to understand the kind of political brinkmanship Simpson Motors plays.Simpson supplies the Police with all their vehicles.Simpson supplies BWA with all their vehicles.Simpson supplies Transport Board with all their vehicles.Simpson supplies the top echelons of Government i.e. Judges,Prosecutors with their vehicles.Simpson supplies the top drawer lawyers and speakers with their vehicles.In fact Simpson signature all over this damn place.Guaranteed money in rolling stock and spare parts.Name a black man that would wield that kind of power ’bout hey.Bunch ‘o pimps and hoes for politicians that create strife and friction and then call the police to lock up and jail objectors like Brandford Taitt harassed Atlee Miller when he had National Fisheries on Spring Garden because Billie used to make some telling points on Brandford as Minister of Health.Brandford Taitt kick Schlosberg out of Barbados because he said Barbados had a fair sized aids portfolio and then brax,Eric Fly talk bout who had aids.
So Caswell, at which Credit Union or Bank can a citizen find your Union’s Public Action Account where we can make contributions towards your initiatives?
Even if you establish such an account and none of the brass bowls contribute, AT LEAST you would have done your civic duty and OFFERED to help to take the burden off their BB backs.
You can ask for the same $10 per person that the mathematically challenges Lil Hitler wanted – (Just do not expect that $10 X 200,000 will give you $20M) LOL ha ha ha
Since you won’t do it the easy way by ‘BUPPING’, perhaps you can now do it the hard way .. like Comissiong….. In fact, you can use the fund to assist (and hire) him – since all the other lawyers seem to be damn crooks and scamps…
Bushie would definitely make a donation….
If you want to a contribution, you can make a deposit at any branch of Republic Bank; account number 021591712003.
Sent from my iPad
LOL @ Caswell
You think Bushie was born this century…?
You would need to formally launch the thing; to outline how funds would be spent; to outline ultimate objectives; establish at lease three trustees of note; and establish a reporting and account system to transparently show how funds are used.
If you plan to condemn the current crop of crooks and scamps, then the FIRST thing you need to do is to establish yourself as beyond reproach….
….think Bushie looking to provide you with free goat milk fuh life nuh..?
ha ha ha
I am not setting up some sort of Don Quixote type organisation to tilt at every windmill. I am merely pursuing one action in court, with or without your assistance, to get the present administration to obey the laws of this country.
Oh, by the way, I am already beyond reproach.
That is your problem Caswell….
You do not appreciate the talent with which you have been blessed.
Seeing your role os ‘merely pursuing local issues’ is a huge mistake.
You should have passed that stage in the 1990’s.
You are much more valuable than you know….
…and you are MUCH too young to be ‘beyond reproach’
– not while Lowdown is still selling goat milk….
Always know that Bushie will not hesitate to point the whacker in your direction whenever needed…. Your value to Barbados merits such attention.
Ask Vincent to set up the Crowd-Funding scheme to facilitate your efforts… he should be good for something useful… 🙂
…unless he is also a NATO man….
No Action… Talk Only….
Ha ha ha
Bush Tea June 5, 2017 at 8:37 AM #
Skippah……yuh too hard ears…..yuh wuzz gine good…only to falter at de finish line…..wuh yuh cal muh name fuh???
There is a need for an organisation,a registered NGO to be established with a board of trustees,that can employ legal eagles to undertake cases of merit for the public and the country.
There is a need for an organisation,a registered NGO to be established with a board of trustees,that can employ legal eagles to undertake cases of merit for the public and the country.
Ah nah dat Bushie ah say?!
…Only Bushie added that YOU should make yourself useful (for a change) and get it going…
First you need to resign from ‘NATO’…. 🙂
Chuckle…..but you is de Chmn of NATO,where you lead I shall follow……simple.
…..but you is de Chmn of NATO,where you lead I shall follow……simple.
Boss, if it were possible for you to follow where Bushie leads … you would experience the kind of enlightenment that it is not even possible to explain in words….
In answer to the question “What must one do in order to achieve total success in this life?”, the greatest of all Bushmen said ‘sell all that you have, give it away to the poor, …. and just follow my lead…”
If you were to follow Bushie, then you will be following that Bushman also….
Bush Tea June 6, 2017 at 7:13 AM #
Skippah……ah dun tel yuh awredy dat ah ain gotta yen……an uh dun enlightened.
So Chmn…exactly what are you saying and where are we going?
$103100 cad = $ 153007 Barbados dollars.
So how the duty free price in Barbados is $350,000 ? unless it is customized.
You have given an example of the “rip off society” that is Barbados.The consumer is a taker.I recall many years ago it was the law brought about by DaCosta Edwards, to publish on the vehicle the FOB cost,the CIF cost,the mark up and the selling price.As far as I know this law was never repealed.This is a buccaneer town.Piracy rules.
The new NSRL Act was laid in the House, as per the Standing Orders (Supplementary) of May 30th, 2017 [the day of the Budget] contained the following:
Hon. C. P. Sinckler: To move the First Reading of the National Social Responsibility Levy Bill, 2017.
Notice of this Bill was given on 25th May, 2017.
The new proposed Act – at the time still at the 2% – can be found on …
but on perusal it has a Validation clause …
Notwithstanding the sections 3 (2) and 5 of the Provisional Collection
of Taxes Act, Cap. 85, all monies collected in relation to the levy from 1st
September, 2016 to the commencement of this Act, shall be deemed to have been
validly and lawfully collected as if collected under this Act.
Which effectively says it is over-ruling the Provisional Collection
of Taxes Act. (or to ass with it).
BTW, while I happened to retain the link location for the new act as I found it on the day before the Budget, it is not longer available on the Parliament Web Site as a Resolution Before the House and even a search on the site for “National Social Responsibility Levy Bill” brings back NOTHING. Most telling.