The Jeff Cumberbatch Column – On Preventing Corruption 3

The principal technique employed by the Bill for combating corruption is to have specified persons in public life declare their financial affairs to the Commission or, where he or she is a member or staff member of the Commission, to the Governor General under Part IV of the Bill. Immediately, two observations may be made.

First, it bears remarking that the list of specified persons in public life to be found in the Second Schedule excludes members of the senior judiciary, the judges, although it includes magistrates. This stance may have been owed in part to the decision in Trinidad & Tobago, The Integrity Commission v The AG of Trinidad & Tobago, that I adverted to in an earlier column, where the High Court ruled that to include the judiciary among these individuals would be inconsistent with the Constitutional guarantees provided for their independence from the executive.

Mme. Justice Jones, who heard the matter, thought that subjecting the judges to the provisions of the Act constituted an alteration of the terms of service of those Judges appointed before the Act came into effect; impermissibly sought to control the manner in which judges function in their office; and sought to discipline judges in their capacity as judges in a manner that was contrary to the constitutional provisions designed to ensure the independence of the judiciary. She concluded therefore-

In my view… the provisions of the Act which allow for action to be taken and punishment to be inflicted against a Judge for duties imposed in the capacity as Judge are inconsistent with …the Constitution.

As to the inclusion of the junior judiciary or the magistracy, Jones J. determined

“…not only is the provision giving the Commission some disciplinary control over the Magistrates inconsistent with the Constitution but, given the statutory provisions establishing the Commission, an exercise of disciplinary control over Magistrates by the Commission would not provide the insulation acknowledged by the Constitution to be necessary to ensure that the independence provided to Magistrates as members of the Judicial arm of the State is not eroded.

The express inclusion of these officers in the local Bill is thus likely to incur the risk of constitutional litigation.

Second, one notes the substantial role played by the Governor General in the entire machinery. Again, this raises questions of the employment of able technical staff.

For instance, section 30 provides-The Commission or the Governor-General, as the case may be, may in writing request a declarant to furnish such further particulars or other information relating to his financial affairs as may be considered necessary for the purposes of section 4(1)(b) or 29, as the case may be, and the declarant shall comply with the request within the time specified therefor by the Commission or Governor-General, as the case may be.

One does not contemplate Her Excellency fulfilling this responsibility without competent technical advice, although I do not recall the text of the Bill allowing the Governor General to avail herself of the human resources of the Commission. Does this therefore entail the appointment of such staff to the office; a query that brings into sharp focus once more the financial cost we are prepared to pay to curb corruption in local public life.

There is one further comment to be made on the list of specified persons in public life required to make disclosure of their financial affairs. Barbadians are by nature given to be very private individuals, especially where their financial status is concerned. Perhaps some historian or sociologist may trace the origin of this penchant to our past experience.

And while those who by the nature of the office they currently hold, such as Permanent Secretaries and Heads of Departments within the Public Service would appear to have little choice in the matter, this cultural predilection for privacy may estop some from serving in specified positions where they have the option of acceptance or refusal, such as members of the Senate, Chairpersons of Boards, Commissions, Corporations or other Entities established by statute or even as members of Cabinet.

It is easy to rejoin that the honest person should have little to fear in this regard, but at least two matters may be adverted to here. First, that reluctance to expose one’s financial affairs to the scrutiny of others might not necessarily arise from a want of probity on the part of the individual and, second, that the decision may be more than a personal one for the specified person. According to Clause 25 (5)-

A declaration shall be in such form as may be prescribed and shall give full, true and complete particulars of

  1. (a)  the person’s income, assets and liabilities;
  2. (b)  the assets of the person’s spouse and dependent children; and
  3. (c)  any gift received in the course of the performance of the person’s public functions.”

Finally, in respect of the declaration itself, there appears to be a textual inconsistency between the discretionary Clause 25 (6) that stipulates

A declaration may be accompanied, where the specified person in public life so wishes, by a statement giving details of his income, assets and liabilities which shall be certified by an accountant.

and the mandatory, though not absolute, provision in Clause 27 (1)-

A specified person in public life is required to disclose in his declaration under section 25, such details in respect of the income, assets and liabilities of himself and those of his spouse and his children, as by the exercise of reasonable care, should be known to him. [Added emphasis]

While the first clause permits the declarant a discretion to produce a certified statement, the second fastens him or her with constructive knowledge of some details, and requires their disclosure on pain of criminal penalty.

However, the specified person in public life has the option of placing his assets in a blind trust disclosed to the Commission whereby he forgoes all control of the funds there. The Clause 28 (5) defines the creation of a blind trust-

A blind trust is created when a specified person in public life enters into an agreement with a qualified trust company whereby

  1. all or any part of his assets or those of his spouse or children are conveyed to the trust company for the management, administration and control thereof, in its absolute discretion without recourse or report to the person or persons beneficially entitled to those assets;
  2. (b)  income derived from the management of the assets is [not?] to be distributed, in accordance with the agreement, to him, his spouse or his children until he ceases to be a specified person in public life; and
  3. (c)  after he ceases to be a specified person in public life, proper and full accounting is to be made to him, his spouse or children as the circumstances of the management of the trust require.

To be continued…

34 comments

  • “First, it bears remarking that the list of specified persons in public life to be found in the Second Schedule excludes members of the senior judiciary, the judges, although it includes magistrates.”

    Ya see this crap right here, that is why the criminality practiced by those, so inclined, on the Bench in the Supreme Court, , re theft of Estates of the elderly and crimes against the injured who file Personal Injury claims against insurance companies…will NEVER end..that is why they copied the crap from Trinidad integrity procedures, those so involved, they do not intend for this to EVER end but it frigging well WILL.

    Like

  • Here is a new whacker definition….

    A lawyer (lah’ yuh; plural – political party) is a person who has been specially trained to f*** up ANY kind of common sense rule – or even the simplest of guidelines – such that the whole shiite become effectively meaningless …even while costing more than the ORIGINAL criminality that it is supposed to control.

    Lawyers are the scum of the Earth, and trying to understand their thinking is like taking an advanced course in albino-centric philosophy…. or living near Graeme Hall currently…

    …all the more reason why Bushie admires Jeff….
    It is never easy being a double agent, working from the ‘inside’ to pass valuable info on to the brass bowls on the outside….who are being pissed on…

    BTW
    f***up – fOWL-up …for those with gutter minds…

    Like

  • @Bush Tea

    Generalizing does not become you.

    Like

  • de pedantic Dribbler

    Mr Blogmaster, your colleague BushTea has been a provocateur on your site since I first encountered this blog some years ago…I expect therefore that he has played that role and others here since his first posts so what’s new to generate your remark at 11:11 above 🤣

    If lawyers as a profession are earth scum then in unique Bush bath style our nation has been led by such scum for generations…again I can only expect that we are all now fully imbued with the traits of those scummers!

    Let the man boil his BushTea do….not a fella takes him to task on his albino prattle so why bother about this palaver 🤣…oh lordie.

    Like

  • de pedantic Dribbler

    And to the Dean, a rousing applause to you on the extended analysis of this proposed legislation.

    It certainly has cleared any fogginess I had.

    Like

  • The same one writing the laws on corruption are those who are in violation of being corrupt
    Public opinion over the years serve well as evidence and as an indicator that there is not one clean soul found amongst the flock
    A society which has been embedded with greed and absence of moral standards can not set itself as a moral guide for anyone to follow
    So what do we have now !are a bunch of self righteous technocrats leading the way
    Which reminds me of a philospher when once having to interact with the movers and shakers of his time when asked and question about his principles and teaching simply told them “To heal themselves”
    Barbados is in a thorough need of spiritual cleansing in order to become healed
    No law or authority writing integrity legislation can heal and redeem this nation
    Only through the mercies and forgiveness of God can this nation be set on a moral path

    Like

  • I know Jeff is obliged to report on provisions of the proposed law but this cut and paste about “blind Trusts” etc. is going to be the bugbear of this legislation and I will be surprised if it isn’t abandoned entirely or acknowledged in the spirit of the law but ignored in its enforcement. These politicians are not going to trust anyone in handling their personal investments, their earnings from all sources are directed to their personal accounts who is going to tell them e.g. that rental income from properties will be going to accounts beyond their control and the expenses associated with those properties will be administered by someone who is not tied to them either familiarly or personally?

    We already have parliamentarians clamoring for raises, the Speaker of the House doffing his parliamentary attire and donning his Court garb, who will bell those cats?

    Liked by 1 person

  • “The same one writing the laws on corruption are those who are in violation of being corrupt.”

    I can’t say too much, hell there is still a lot I can’t say, but that fraud integrity legislation that the same criminals and abusers of the Judiciary/Supreme Court drafted themselves, I am happy to be well paced to use it to hang their asses….

    Like

  • You don’t have to read my cut and paste.

    ” Although CSL faces the same rates as other Canadians on taxes it pays in this country, its international affiliates, registered in the tax haven of Barbados, pay almost no tax on their profits. They can then send the money to Canada as tax-free dividends, thanks to tax arrangements confirmed while Mr. Martin was finance minister. (Mr. Martin has argued that at least he shut down Liberia as a tax haven, in 1995. That’s when CSL reflagged seven ships from Liberia to Barbados.)”

    https://www.theglobeandmail.com/opinion/ethics-paul-martin-and-the-circle-of-csl/article1332107/

    Liked by 1 person

  • Does the Constitution address corruption? if Integrity legislation is challenged, how, what and where will it be measured against and established. Remember the GG response to the Speaker of the house elect on his “noted” request.

    Like

  • The Constitution does not address a lot of modern day issues, it is wishy washy at best, and was designed for a population. unable to thin for themselves, since then circumstances of the population’s intellectual skills have changed significantly to what obtained pre 1966, the document is bordering on useless …..it should be retooled and made fit for purpose…

    The lawmakers in parliament are too corrupt to address corruption…we are at an impasse.

    Like

  • ….and was designed for a population. unable to THINK for themselves

    Like

  • Being exempt from the power of arrest that is, as far as the Constitution allows, Politicians can ” do as they please” without oversight…. Strange how the former Administration is nowhere to be found, lost in the news like they never existed, and has left this country in an abyss.
    Venezuela politicians we’re delt severely for political corruption as well as China executing 21 of their own.

    Like

  • Piece Uh De Rock Yeah Right

    @ The Luminary Jeff Cumberbatch.

    I have only read this blog once and felt confident that after 4 additional readings I would have been able to comment but having so done i realize that foor this one I will have to read it 9 times more

    So far i have grasped that the proverbial fox that is guarding the chickens is supposed to give a count of the chicken on commencement of their guard.

    Than number having may or may not be ascertained by the fox who may either choose to give that paper with that number to one of the people who is overseeing the fox, SORT OF, or may give that piece of paper to another party called a trust with the single provisio that ehen they give up the piece of paper, ownership of that piece of paper ceases to be his because that is the rule concerning giving up that piece of paper?

    You see what i mean when i tell you that I am simple?

    I going read it 9 more times and get back to you soon

    Liked by 1 person

  • Piece Uh De Rock Yeah Right

    @ the Honourable Blogmaster

    Your assistance please with an item for the Luminary

    Like

  • The chairman of the Sanitation Service Authority (SSA) Jeffrey Headley has resigned.

    http://www.nationnews.com/nationnews/news/196031/ssa-chairman-resigns

    Like

  • Piece Uh De Rock Yeah Right

    @ Hants

    So it would appear like if they have found their “leak” in his so called confidential communications that the not so savvy conducted on their cell phone and via email heheheheheheh.

    Alot more like him are going to follow

    Like

  • But why dress it up pretty…instead of calling it what it is to deter the other traitors and snitches still existing to stop taking bribes from anyone at the population’s expense. .

    ..ya got grown men sitting their asses in government and the civil service…getting a high salary every month from taxpayers and still selling information to minority criminals who have been stealing money and land and every available opportunity from the majority population for decades..disenfranching and side lining 2 generations of peoplevfor decades so they cannot progress sufficiently. ..because of the black traitors in their midst.

    ….if he did this, he is a traitor…call him what he is instead of giving the remaining snitches the confidence they need to continue..by not calling them out for being traitors to their own people…selling out their people for bribes..

    Like

  • Piece Uh De Rock Yeah Right

    @ The Luminary Jeff Cumberbatch

    My 2nd read.

    You said and I quote “…Second, one notes the substantial role played by the Governor General in the entire machinery. Again, this raises questions of the employment of able technical staff…”

    I am wondering if you made an unaccustomed slip when you used definite article “the”

    the 1 [stressed th ee; unstressed before a consonant th uh; unstressed before a vowel th ee] (used, especially before a noun, with a specifying or particularizing effect, as opposed to the indefinite or generalizing force of the indefinite article a or an):

    Now again i will rely on my chickens and fox anecdote because it is all my slow mind can absorb

    Suppose that you own a chicken farm and you hire me to raise 10,000 chickens and you give me (i) the feed and other essentials to raise them to full term and (ii) you give me staff over whom I am to administer their duties.

    Every 4 months you require me to give an account of the number of chicken and feed that I have and how I am progressing the farm you entrusted to me.

    Now let me add a hypothetical to my puerile story and say, “unbenownst to you I also have a desire to own a chicken farm (and a plantation heheheheh)

    Now here is what obtains when i got this job. You asked me to state how many chickens i have at my house before i take your job and you asked me further to write that down on a piece of paper and lodge it somewhere with a caveat that you can examine it periodically? OR SORT OF cause i also have the option to give that piece of paper to a third party.

    Now from day one I start teifing your chickens but what you rely on as the independent mechanism to confirm my quarterly inventory counts is the same staff that I am responsible for.

    So after all that drivel (Senator Caswell Franklyn calls it that or Dribble Lorenzo had Enuff calls it that) you arrive at the Governor General using the same “able staff” who are under my diurnal control to verify the chickens count.

    Unless of course you hire another lot to do that count.

    Ohhhhh did i mention that every time i teif your chickens that I update the piece of paper with the new count of my stolen chickens?

    I am a simple ole man who wears aluminum over my head so do forgive my interpretations of this profound blog that is outside of my pay grade

    Like

  • @Hants

    Is he the source of the leak to the Dealers? The Minister already has his replacement so he must have been “encouraged” to resign.
    BTW I thought they were in Europe but I read they were in Halifax or did they go to both places on the junket?

    Liked by 1 person

  • @ Piece
    Long and short…
    The whole thing is the usual legal shiite that we have come to expect from Bajan lawyers.
    A lotta long talk, NUFF NUFF money spent in legal fees
    .. and then a DUD….

    If those *****s cannot lock up a SPEAKER of the House who robbed a man in a wheelchair, but could ONLY tell him to give the man’s money back (which he SHOULD have done up front) then how can we expect them to police THEMSELVES?

    Have you EVER heard a court order a shoplifter to give back the tin of corn beef and continue smartly?
    Shiite if THAT was the punishment then what would prevent EVERY brass bowl from taking things…?

    If they CANNOT administer the simple laws we now have….
    We are wasting time with complex ‘integrity laws’ that are CLEARLY configured to protect the guilty.

    Liked by 1 person

  • @Bush Tea

    Speak clearly, we should not try to arrest the corruption if existing setup is not working?

    Like

  • @Sargeant

    A careful listen to Minister Prescod suggests former chairman Headley decided to take the fall for the breach, not that he was directly responsible. Will we find out?

    Like

  • @David

    Earlier I wrote that Mia will not fall victim as Stuart and the DLP did to leaks etc. This canning of Headley (no matter how one spins it he didn’t jump he was pushed) is testament to how she will proceed in future. Heads will roll as Mia applies the maxim “loose lips sink ships”.

    Watch this space.

    Like

  • sirfuzzy (i was a sheep some years ago; not a sheep anymore)

    Hmmm.

    All hands on the deck, All shoulders to the plough; many hands make light work, bbfis, bbfit, cfit, “loose lips sinks ships” “our ass is grass” “donkey prepare to encounter terrain/turf. Watch muh, We got this

    Well well i wonder what new turn of speech will we invent/create? Maybe “lips meet posterior”?

    Like

  • Sir Fuzzy,

    Ridiculous jargon cannot replace sound policies.

    Like

  • NOT “lips meet posterior”?

    IT IS ”APPROXIMATING ONE’S LABIAE ORAE TO THE ADIPOSE TISSUE OVERLYING ANOTHER’S GLUREI!

    Like

  • sirfuzzy (i was a sheep some years ago; not a sheep anymore)

    @BushTea,

    How can we convince ourselves(usually quite easily sorry to say) that the medicine or treatment directed will suffice if the doctor is not truly trying to make the patient well, but well enuff to be be seen as cured.

    No one can be exempt from the punishmnet of being found gulity of corruption. It is believed/said that no one is above the law.

    Imagine having a biopsy done finding cancer in the fingertips; but concluding we cannot treat the cancer because the musician needs his fingers to earn a living thus pay me the cancer specialist. Thus surgery on the finger tips is not advocated because i the doctor want my payment. Therefore the musician will be medically made to look well so he can play and earn so i can be paid?

    Like

  • @Sargeant

    Trying to plug leaks in the public service will meet the same fate as Trump and the NYT anonymous episode.

    Like

  • After careful consideration, MIA and the BLP will fire every DLP supporter they can.

    They have to check to make sure they don’t fire their family and close friends but they will ” do fuh do “.

    We will see the ascendancy of a waste hauler who will soon get paid the $60,000 government owes him. After that his “silence” and support will be expected.

    Still waiting for Haynesly Benn face to be replaced by the Marvillous face but it seems jong key tong too busy to update the website.

    https://www.barbadosintoronto.com/the-barbados-consulate.html

    buh doan mine me. I got G G on muh mine as wuuna would have seen in my latest video in de Diaspora corner.

    Like

  • @ David
    we should not try to arrest the corruption if existing setup is not working?
    +++++++++++++++++++++++++
    Of course.
    But intelligently.
    …and by addressing the ROOT issues – not playing more shiite legal games.

    @ sirfuzzy
    Thanks for getting it…
    It is called grasping at straws….
    Or in this particular case, at the stuff floating in Graeme Hall…

    Like

  • Piece Uh De Rock Yeah Right

    @ Brother Hants,

    I had started a submission some weeks ago about the purpose of Bajan Embassies vis a vis other first world embassies and did not get a chance to post it.

    Thank you for reminding me with this Blog that is about Date Haynesley Benn’s in Toronto website.

    Let me explain with this information

    “…Consular Services- Processing passport applications to be sent to Barbados for issuance by the Chief Immigration Officer, Issuing travel documents on an emergency basis, Document authentication Assisting Barbadian pensioners residing in Canada, Providing information on resettling in Barbados to Barbadian nationals in Canada, Providing information on: Obtaining certified copies of personal records such as birth and marriage certificates, Adopting children in Barbados, Transporting bodies of deceased persons to Barbados for burial and a whole other set of inconsequential pup.

    Now let the ole man go to the Embassy of a First World country

    https://uk.usembassy.gov/ or http://canada.embassyhomepage.com/

    On both of the sites you see prominently displayed what the real purpose of their Embassies are

    “…U.S. Commercial Service

    The U.S. Commercial Service is the trade promotion arm of the U.S. Department of Commerce’s International Trade Administration. The U.S. Commercial Service UK (CSUK) at the U.S. Embassy in London promotes exports of U.S. goods and/or services into the UK market and inward investment into the U.S. CSUK provides a range of services and programs to help American companies export goods and services to the United Kingdom.

    or

    “…Business News & Events

    For the latest business news, events and trade-shows please see our Business News & Events section….”

    for Canada their site reads

    “…Trade assistance

    The Canadian Embassy in Washington can also assist with trade missions between United States and Canada, political matters, repatriations of Canadian citizens and much more…”

    I promised only 2 but here is the UK’s comments “…British consulates champion trade and investment between the UK and US. They also keep the ambassador aware of political, economic and other developments in their consular districts. The consuls are also responsible for providing consular services to British nationals in their consular districts…”

    De ole man would put this to you Brother Hants

    Our missions and embassies overseas have over the last 10 rather 20 years spent about $200 million dollars.

    I would put this to you and say that if they have collectively generated $20 million in investment in Barbados, either incoming or outgoing, de ole man would eat my kangol

    Waste Foops…

    (@ the Luminary Jeff Cumberbatch my sincerest apologies about this contamination of your substantive topic

    Like

  • Piece Uh De Rock Yeah Right

    @ The Luminary Mr Jeff Cumberbatch

    De ole man got to let you know that I am out there campaigning for work for your noble self WITHOUT YOUR PERMISSION

    Forgive me.

    But it is my feeling that IF MIA REALLY WANTS CHANGE she has to get men and women with principles to lead that charge like yourself and Justice William Chandler and people who when you hear bout wunna you does say “these are men with balls” ( do not mean any offence to the ladies but de ole man ent want to call wunna names causing dere is peoples here who ent noble…)

    So i had was to make mention of appointing you to lead this mess to clean up the Judiciary etc. (I can do that as Leader of the Opposition Lorenzo who had Enuff told me so)

    And one of the other things that i included in your portfolio was to be the virtual comptroller of an app that would complement your duties to monitor these criminals.

    It is a Virtual Whistleblower mechanism which would have an Iphone and Android front end but be linked to the Whistleblower backends that sites like the EFF.org recommend.

    I sorry for looking for work for you but you seem to be the only one of the 1100 lawyers left in Barbados who ent sell out for no Caricom ambassador’s pick

    Like

  • WARU wrote: “The Constitution does not address a lot of modern day issues, it is wishy washy at best, and was designed for a population. unable to thin for themselves, since then circumstances of the population’s intellectual skills have changed significantly to what obtained pre 1966, the document is bordering on useless …..it should be retooled and made fit for purpose…”

    But even in the “best” of nations, it appears to some that a constitution might not be worth the paper it is printed on when its provisions and principles become inconvenient for corrupt leaders and are ignored, and the Fourth Estate is no longer fit for purpose but functions mainly as a propaganda dispenser.

    Evidence Is No Longer A Western Value

    by Paul Craig Roberts

    The US Constitution is a dead letter document. The Cheney/Bush and Obama regimes destroyed it, and Trump has done nothing to revive it.

    The separation of powers is also lost as is, in many instances, judicial review. Dick Cheney, his minions, and the Republican Federalist Society succeeded in giving the office of the president dictatorial powers that vacate the Bill of Rights and American civil liberties. The only protection still standing is the Second Amendment, and the entirety of the liberal-progressive-left and the police state have the Second Amendment in their sights. The liberal-progressive-left is so insouciant that it either does not know or does not mind that it is allied with Dick Cheney’s police state to take away the last protection that the American people have from organized state tyranny.
    I have written many times about all of these things and many more of the same nature. To wake up the American people, indeed any Western people other than Hungary, whose president is awake, is like trying to waken the dead.

    Sometimes I wonder if, other than my readers, the entire American public is dead, walking zombies taking their directions from CNN, BBC, NPR, the New York Times, the Washington Post.

    This crowd of zombies is marching into Armageddon.

    https://www.paulcraigroberts.org/2018/09/17/evidence-is-no-longer-a-western-value/

    Like

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