Afra Raymond Analyzes Sandals MOU

Disclaimer, do not read this blog if you are a navel gazer. Congratulations to Afra and his team for forcing this matter – David, blogmaster

29th November 2018 was the first hearing of my Judicial Review of the refusal of the Office of the Prime Minister (OPM) to provide a copy of the Tobago Sandals Memorandum of Understanding (MoU) which I had requested under the Freedom of Information Act (FoIA) since 27th February 2018. At that hearing, the OPM agreed to provide the MoU and pay my costs, so my lawsuit was withdrawn.

This Tobago Sandals MoU was signed on 10th October 2017 and should have been disclosed long ago, without any necessity for legal action on my part. The PM and Minister Stuart Young repeatedly told the public that these details could not be published as that would undermine these important negotiations and so on and so forth.

Nine months of delays and obfuscation verging on an abuse of process, but that is just my opinion, as the OPM was advised by eminent Senior Counsel, Deborah Peake.

When the MoU was released at a press conference the evening before, Minister Stuart Young was emphatic that the decision to publish had nothing to do with me or my litigation. One has to wonder at the quality of advice being taken by the Cabinet.

We had to endure expensive time-wasting and elaborate waffle, dripping with disdain, about ‘sophisticated investors‘ and ‘how government business really runs‘. Well this is a good time to examine the actual Tobago Sandals MoU and see how sophisticated investors really work and learn how government business really runs. This is a serious teaching moment.

There were many positive features in the MoU (embedded below) in favour of Sandals. In fact, the MoU is so protective of Sandals’ interests that one can scarcely imagine how on earth we the public will ever profit from this immense investment. This article details my concerns on the decisive provisions of the MoU.

Read Afra’s full analysishttps://afraraymond.net/2018/12/05/property-matters-tobago-sandals-mou/

Property Matters – Invaders’ Bay (ii)

 by AfraRaymond

 invaders-bayThere is a rising tide of confusion at Invaders’ Bay, so it is time to bring some understanding to this situation. The previous column delved into the Appeal Court rulings and the State’s application to appeal to the Privy Council. There is a lot more to be derived from those important rulings, but this week […]

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Property Matters – Tax Facts (2)

by AfraRaymond

property-taxFurther details on property tax are needed to understand the process and possibilities arising from its implementation. The 2010 estimate of revenue from that tax was $325M, as against a 2017 estimate of $503M, so it seems that there has been some allowance for inflation and new properties. The innate effectiveness of this tax is […]

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Property Matters – Sole Selectives

by AfraRaymond

SandalsIt seems that the current administration intends to execute its three largest projects on the sole selective basis and in my view that is a serious concern. Sole Selective is a non-competitive contracting approach in which a single firm is selected to participate in a commercial opportunity. I have not limited the definition to the […]

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Property Matters – Hotel Facts

by AfraRaymond

The previous article on the Sandals Tobago proposal ended by pointing to the need for attention to the underlying, commercial arrangements which drive projects of this type. The procurement model is key to understanding how these large-scale, internationally-branded hotels are created and sustained. The two ends of the procurement show different approaches – the T&T […]

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Property Matters – Pay Day? Part Two

by AfraRaymond

I previously estimated State debt to the construction industry in the $3.2-3.5 Billion range. I have since been reliably informed that construction industry claims against WASA are estimated to be in the $600M range, which of course would be subject to verification as discussed previously. My revised estimate (see table below) is now in excess […]

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Property Matters – Sandals Tobago?

From the Afra Raymond blog

sandals-tobagoThe recent official statements about a proposal for a Sandals Resort in Tobago are significant, given both the convulsions in the Tourism portfolio and the urgent need to diversify our economy away from its long-term dependence on energy earnings. This is a preliminary view of some of the relevant considerations, since the sparse details now […]

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Private State?

In Privacy Pros and Cons, I considered the Parliamentary debate around the recent SSA Amendment Bill. Most of that debate seemed to be concerned with the limits on the rights of citizens to privacy, but my concern was that there was precious little comfort being offered in terms of the secret conduct of our public affairs.

If we are to evolve to developed nation status it is essential that the State seriously reform its culture of obscurity and secrecy, that is the contention I am advancing here.

Source: Private State?

Board Games – part 2

state-boards-logosThe previous article prompted a series of extremely interesting responses, so I will continue this examination of the State Controlled Agencies. That phrase includes State-owned Enterprises (such as UDECOTT, Caribbean Airlines and EFCL) and Statutory Agencies (like WASA, TTEC, CDA, PATT and HDC).Some sharp objections were made to my comparison of the relation between the State, the Government and Citizens to a Company, its Board of Directors and its shareholders. I maintain that this is a valid comparison for us to reflect on the proper roles and responsibilities of the various public officials, but perhaps more importantly, the responsibilities of us citizens.

Source: Board Games – part 2

Board Games

Reblogged from AfraRaymond’s Website.

The recent controversy over the dismissal of Dennise Demming as Chair of the Tourism Development Company (TDC) has sparked yet another round of debate on the role and operation of State-owned-Enterprises (SoEs).

Some of the issues which have arisen are –

  • What is the purpose of these SoEs?
  • How do the Boards of these SoEs get appointed?
  • Are Board Directors of SoEs required to follow directions from the line Minister?
  • Do Board Directors of SoEs have the right to get involved in managerial decisions such as hiring of staff and awarding of contracts?
  • Do Ministers and Permanent Secretaries have the right to meet with or direct staff of the SoEs without the input of the Board of Directors?
  • Given the recent Appeal Court decision in the UTT case, what is the legal liability of Board Directors of SoEs?

Source: Board Games

CL Financial Bailout – Duprey’s Gambit

Afra Raymond

Afra Raymond

Last week we learned that Lawrence Duprey and his fellow CL Financial shareholders are victims of a badly-handled bailout. According to the Duprey version, the State must halt all asset disposals a…

Source: CL Financial Bailout – Duprey’s Gambit

Property Matters – Housing Issues – part 6

On Thursday 17th March 2016, the Office of the Prime Minster confirmed that the appointment of Housing & Urban Development Minister, Marlene McDonald, had been revoked. On Tuesday 22nd March 20…

Source: Property Matters – Housing Issues – part 6

Call for OPEN DATA for Parliamentary Expenses

Afra Raymond

Afra Raymond

No More Secret Spending!

Public Money is Our Money!

This is an open call for the Administration of our Parliament to take the lead in publishing all the details of Parliamentarian’s expenses for the past ten years – 1st January 2005 to 31st December 2015.

Recent revelations have sparked a national discussion on the use and abuse of MPs’ entitlement to Public Money for the operation of Constituency Offices. We are now having a vital and long overdue national conversation about the proper use of MPs’ benefits and the need for the public to scrutinize this aspect of public money expenditure.

Our Parliament provides freely-available information with great ease of access at www.ttparliament.org and in its various online broadcasts, as well as GISL and 105.5FM.

The details of the Constituency Office expenses of MP Marlene McDonald were disclosed to Fixin T&T under the Freedom of Information Act. That precedent having been established, it is difficult to imagine that any tenable objection could be raised to the publication of the same information for the other 40 MPs.

We are therefore proposing to the Administration of the Parliament that they take this historic opportunity to lead the transition from the current ‘Freedom of Information’ paradigm, in which citizens have to apply for information, to the modern, more proactive, approach of ‘OPEN DATA’ in which public information of interest is routinely published on a voluntary basis online, in searchable databases.

We also suggest that the Legislature consider the lessons from the UK Parliament (often considered to be the our ‘Mother’ Institution), which, as a response to the parliamentary expenses scandal in 2009, announced the creation of the Independent Parliamentary Standards Authority (IPSA), intended to manage Members’ expenses at “arm’s length” from the House.

Our Parliament is our highest Court and it is important that it take the lead in setting higher standards of Transparency, Accountability and Good Governance. These challenging times call for non-partisan and decisive leadership: we expect no less from our Parliament.

Specifically, our call is for the details of MPs expenses to be published for the ten year period – January 1st 2001 to December 31st 2015, with quarterly updates as necessary. The expenses which should be disclosed are –

  • Details of annual allocation of Public Money to be spent via Parliament for operation of Constituency Offices;
  • Guidelines on the use of those sums of Public Money, together with changes in those guidelines, with updates to show when these were in force;
  • MP’s names;
  • In relation to each MP’s office/s, names of employees to include period of employment, position held, salary etc;
  • In relation to each MP and their office/s, details of the non-salary expenses claimed and paid, to include utilities (TTEC, TSTT, WASA etc) furniture/equipment rental etc;
  • In relation to each MP’s office/s, details of the rentals paid, lease/tenancy agreement;
  • Annual Financial Reports submitted to the Parliament by MPs and the consolidated Financial Reports to the Parliament.

Many of the positive steps taken by our Parliament in relation to disclosure of information were supported by former Speaker of the House, Wade Mark. We expect this to be continued by the current Speaker of the House, Bridgid Annisette-George.

Friday 25th March 2016

Afra Raymond

Disclosure Today

Trinidad & Tobago Transparency Institute

Constitution Reform Forum

Pursuing Anti Corruption Measures MUST be a Priority

VIDEO: TTTI Couch session with Reginald Armour, SC.

by AfraRaymond

This is the ‘On the Couch’ session at the T&T Transparency Institute’s 2016 Anti-Corruption Conference held on Tuesday 8th March 2016. The moderator was Reginald Armour SC, President of the Law Association; Michael Harris, Tapia Member and Express columnist; Mark Regis of Shell Trinidad; and Afra Raymond, managing director of Raymond & Pierre Ltd and […]

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Formal Submission to Joint Select Committee – The Whistleblower Protection Bill, 2015

by AfraRaymond
Afra Raymond

Afra Raymond

This is my formal submission on these important proposals, which are intended to give protection to persons reporting wrongdoing in public or private bodies. Most fraud and white-collar crime is reported by ‘tips’, so the effective tool has to be ‘If you see something, say something’. We also need to push for more effective investigations and prosecutions, but first we need high-quality information.’

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Property Matters – Housing Issues – part 1

by AfraRaymond

The ongoing and serious allegations against Housing & Urban Development Minister, Marlene McDonald, and UDECOTT Chairman, Noel Garcia, are obvious distractions launched for plainly political reasons. That is not to dismiss the details of those serious allegations, since at this early stage it is impossible to make any real judgement as to guilt or blame. The current furore over these allegations detracts from any serious discussion of real issues about public housing, while at the same time being emblematic as to the depth of the problem.

Subsidised housing is an important part of the ‘welfare state’ provided by our Republic’s wealth and it is therefore necessary to establish the most effective policies and operational arrangements to maximise the benefits to the most needy.

It is now time for us to convene a comprehensive and transparent review of our housing policies and delivery mechanisms.

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Property Matters – State Offices – part 2

by AfraRaymond
Noel Garcia, UDeCOTT chairman. Photo courtesy Trinidad Guardian

Noel Garcia, UDeCOTT chairman. Photo courtesy Trinidad Guardian

On 5 January 2016 the Business page of the Trinidad Express newspaper carried an article titled ‘Millions to be saved from rent’ in which the UDeCOTT Chairman, Noel Garcia, advised on the progress in completing the State-owned offices in Port of Spain. That was also the topic of last week’s Property Matters column, so this week I will be trying to reconcile the two sets of information and make some further points.

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Property Matters – State Offices

by AfraRaymond

The PM’s address to the nation on the evening of 29 December 2015 was an official announcement as to the need for shared sacrifice and reduced State expenditure to tackle the decline in our collective fortunes. I also took particular note of the statement by new Central Bank Governor, Dr Alvin Hillaire, during his first meeting with the media on 31 December 2015 – “…I won’t distance myself from the recession statement. The situation is serious and demands attention…“. Dr Hillaire was of course referring to the 4 December disclosure of a recession by his predecessor, Jwala Rambarran. Continue reading

Setting the Table

Setting the Table

by AfraRaymond

The PNM’s successful election campaign placed strong emphasis on the critical need to restore proper standards of Accountability, Transparency and Good Governance. That was a commendable […] Continue reading

Dismantling the Code of Silence

by AfraRaymond

This letter was published in Sunday Express on 27th September 2015. From: Afra Raymond afraraymond@gmail.XXX Date: Thu, Sep 24, 2015 at 10:00 AM Subject: Dismantling the Code of Silence To: The Editor, Noel Garcia served as General Manager[…] Continue reading

Our Land – The Review

Afra Raymond

Afra Raymond

…A small State such as Trinidad & Tobago must accord a very high priority to the judicious management and utilization of its land resources or perish. All elements of land policy must be designed to ensure that these finite resources are efficiently utilized and husbanded in such a manner as to serve the long term interests of the national community…”

Continue reading

Facing the Facts

Reblogged from AfraRaymond.com blog
UFF Report a must read

UFF Report a must read

Two important laws were partially-proclaimed by the President at the end of July –

  1. The Public Procurement and Disposal of Public Property Act, which is intended to control transactions in Public Money,[…] Continue reading