INDEPENDENCE OF THE JUDICIARY

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					                          REPORT OF THE
            RT. HONOURABLE MR. JUSTICE
                            P.T. GEORGES


              INDEPENDENCE OF THE
                              JUDICIARY

February 16, 2000



                                  INTRODUCTION

On Wednesday November 03, 1999-a Special General Meeting of the Law Association
of Trinidad and Tobago passed the following resolution -

       "That the Law Association of Trinidad & Tobago

              1.        Forthwith appoints Mr. Justice Telesford (sic) Georges as a
                        sole independent Inquirer sitting in private to examine the
                        concerns relating to the independence of the Judiciary
                        expressed by the Honourable Chief Justice in his address
                        at the opening of the law term on Thursday 16th
                        September 1999, the said Inquirer to report his findings
                        promptly to the Council with such recommendations as he
                        might see fit to make;
               2.    Authorises the Council forthwith to make public the report of
                     the Inquirer and,-
               3.    Requests the full co-operation of the Honourable Chief-
                     Justice, the Honourable Attorney General and all other
                     officials and persons who in the opinion of the inquirer might
                     be in a position to assist in his work"
On the afternoon of the day the Resolution was passed a member of the Association
had telephoned to ask whether I would be willing to undertake the assignment. I stated
that I would but that I had a previous commitment from which I could not withdraw and
with which I would be occupied from November 14, 1999.
On that basis a senior member of the Council of the Association, Mr. Alvin Fitzpatrick
S.C., made arrangements for me to pay a visit to Port of Spain from December 20 1999
to January 05, 2000 in the course of which I would be available to meet persons who
wished to see me. He also arranged to have Mr. Stuart R. Young assigned as research
and executive assistant in the conduct of the inquiry. An office was set up in the
Executive Rooms of the Holiday Inn Hotel with accommodation for Mr. Young and Ms.
Prescod, the Executive Secretary of the Law Association.


On the afternoon of Thursday December 16, 1999 the Prime Minister, the Honourable
Basdeo Panday announced that it was his considered judgment and that of the Cabinet
      "that in accordance with the Commission of Enquiry Act, a Commission of
      Enquiry shall be appointed to enquire into all aspects of The
      Administration of Justice in Trinidad & Tobago."

He stated that the proposed Commission would -

       "deal with the concerns raised by the Chief Justice, as well as with
       concerns over the administration of justice that members of the legal
       profession and the general public have raised continuously since
       Independence."
Although the terms of reference of the proposed Commission were not
announced, it was clear that there would be a measure of overlap between the
inquiry which I had been charged to conduct and the inquiry which would fall
within their terms. This did not appear to me to raise any difficulties and the
Council of the Association expressed no change of mind on their appointment.
I met the Council of the Association led by the President, Mr. Karl Hudson-Phillips Q.C.
on Monday December 20, 1999, the first working day of the visit.


I stated that while conscious of the fact that my mandate was to examine the concerns
relating to the independence of the judiciary expressed by the Honourable Chief Justice
in his address, to report my findings and to make recommendations, I did not think I
would be going beyond that mandate if I attempted to resolve the dispute by way of
mediation if that were possible. The Council did not disagree. As I proceeded with my
inquiry it was clear that mediation was impossible. The Attorney General did agree to a
meeting with me but there was no discussion. His purpose was to read a statement
which referred to the fact that I had attended all of the residential annual retreats of the
Judiciary since the appointment of the Chief Justice. This relationship could be a source
of concern to others.        He referred to the Commission of Inquiry the proposed
appointment of which the Government had announced. He intended to give evidence
before that Commission. Anything he had to say in addition to what he had already said
would be said to the Commission.
In the course of my inquiries I had interviews with the persons named in
Appendix A to this Report.

The Chief Justice and Master Morris-Alleyne made available copies of correspondence
from the official files.
                   DEFINING INDEPENDENCE OF THE JUDICIARY

The essential components of the concept of the independence of the Judiciary have
been a topic of intense discussion by judges and academics over-the last 20 years.
Before attempting to identify them it would be helpful to seek to clarify the purpose to be
achieved by providing proper safeguards for the independence of the Judiciary. The
safeguards are not intended for the benefit of the persons Holding the office of judge.
Rather they are intended to ensure that. the Supreme Court, the institution ultimately
charged with the protection of the Fundamental Human Rights and Freedoms of all
persons in Trinidad & Tobago, can fearlessly enforce those rights when called upon to
do so.

Among those rights is the right of the individual to equality before the law and the
protection of the law. Underlying that right is the concept of the rule of law. A free and
democratic society cannot exist without the rule of law. Essentially, therefore, the
independence of the Judiciary must be the cornerstone of such a society.

Against that background it seems desirable to afford the most ample safeguards to
secure the independence of the Judiciary. The limits of such safeguards would only be
reached if they could clearly be seen to impinge on some equally basic prerequisite for
the existence of a free and democratic society.

In the circumstances under review the prerequisite for a working democracy which is
being stressed is that of accountability. The nature of this accountability needs to be
carefully examined having regard to the importance of the independence of the Judiciary
and the separation of powers which has been established in A.G -vs- Hinds [1977] 1
A.C. 195 as a feature of Westminster-type constitutions like that of Trinidad and Tobago.

This was implicitly acknowledged by the Government when it amended a bill entitled
"'The Constitution (Amendment) Bill 1998 to exclude from its provisions the Judicial and
Legal Service Commission." The Bill provided for the

       "establishment of Select Committees and Joint Select Committees [of the
       House of Representatives or the Senate] to investigate and report ... on
       the powers and methods of functioning of, and criteria adopted by
       Service- Commissions

The Explanatory Note summarised the provisions of Section 129 of the Constitution
which precluded inquiry in any court of certain functions performed by these
Commissions. It put forward as the reason for the proposed Bill -

       'This form of unrestrained power now seems incompatible with the
       principles of accountability, transparency and openness in a free and
       democratic society.

The Bill as originally proposed, was amended to remove from the supervisory jurisdiction
of the select committees the Judicial and Legal Service Commission,

Of course the Judiciary is expected to be accountable, transparent and open but any
procedure to secure those ends must take fully into account the constitutionally erected
protections to ensure its independence and its separation from the two other branches of
Government.

In identifying the elements which came together to create the concept of the
Independence of the Judiciary I have found very helpful the analysis made by Dr. Simon
Shetreet in Chapter 52 p. 590 of the volume entitled Judicial Independence: The
Contemporary Debate. He lists elements, most of which need no elaboration, in the
execution of my mandate. They should, in my view, be set out to establish the
background of the discussion -

       1.    Substantive Independence - which means that in the
       discharge of his functions a judge is subject to nothing but the law
       and the commands of his conscience;

       2.    Internal Judicial Independence - which-requires that the judge
             be independent from directives or pressures from his fellow
             judges regarding his adjudicative functions;
       3.     Collective Independence - which extends to the
             independence of the Judiciary as a whole, as a corporate body
             and is measured by its administrative independence.

It is in this third area that circumstances have developed necessitating this inquiry.



                        THE CONSTITUTIONAL BACKGROUND

In approaching the resolution of these issues it should be borne in mind that the
Constitution itself enshrines provisions devised to ensure the substantive independence
of the Judiciary and a separation of powers.

Thus, the Chief Justice is appointed by the President, acting in his discretion, after
consultation with the Prime Minister and the Leader of the Opposition. The other judges
of the Supreme court and the Court of Appeal are appointed by the President on the
advice of the Judicial and Legal Service Commission - a body independent of the
Executive.

In this regard, the separation between the Judiciary and the Executive is far -more clean
cut than in other Commonwealth countries e.g. Great Britain and Canada where
appointments are made by political office holders. Although the Presidency in Trinidad
and Tobago can be described as a political office on the basis that the holder is elected
by a joint sifting of the Senate and the House of Representatives, the holder is expected
to be a neutral, acting above the political fray and concerned solely with taking,-, into
account the national interest.

Disciplining of judges is also insulated from politics.- Section 137 provides that a judge
shall be removed from office by the President where the President has referred the
question of the removal from office of the Judge to the Judicial Committee of the Privy
Council and the Judicial Committee has advised the President that the Judge ought to
be removed from office for inability or misbehaviour - the only two grounds justifying
removal. Again, this differs from Great Britain and Canada where removal is -possible
on an address of both Houses of the Legislature.

The constitutional arrangements can be said to evince a clear intention to
safeguard the independence of the Judiciary and its separation as an arm of the
Government from the Executive and the Legislature.

There are ex isting mechanisms for accountability - obvious but nonetheless
meriting mention. Except in rare cases, as for example where issues of national
security or the protection of the private lives of the litigants make secrecy
essential, proceedings are conducted in public. Decisions are delivered in open
court - quite often in writing setting out reasons- at some length. They can
accordingly be the subject of comment and criticism.

Decisions- of first instance courts can be the subject matter of appeals, a process
which can be continued up to the final appellate tribunal - the Judicial Committee
of the Privy Council.

Although judges of the superior courts are protected by law from criminal
prosecution for errors which they might make (part of the protection intended to
secure their independence) the State can be made liable for damages the
individual might suffer by reason of breach of his or her fundamental rights and
freedoms as a result of judicial error. While the judge will not be called upon to
pay, the fact that a finding may be made that the judge has been guilty of a
breach of the- individual's fundamental right is a significant restraint against ill-
considered decisions.

As has been mentioned, there are constitutional provisions for removal for inability to
perform the duties of the office or misbehaviour -the ultimate penalty.



                          THE ISSUE OF ACCOUNTABILITY

   THE FUNDING OF THE JUDICIARY - THE DISBURSEMENT OF SUCH FUNDS

The dispensation of Justice by the Judiciary is only possible if funds are provided
by Parliament for the administration of the institution. Failure to provide
adequate funds would, without doubt, cons titute a flagrant interference with the
independence of the Judiciary.

The Constitution, as has been mentioned,- prohibits the alteration of judicial salaries and
conditions of service to the disadvantage of the judges during their tenure of office.
Without any action being taken, -the --mere passage of time and the inevitable drop in
the purchasing power of money would significantly reduce the real worth of salaries.
Section 140 of the Constitution sets up a Salaries Review Commission. Its members are
appointed by the President acting on his or her own discretion after consultation with the
Prime Minister and the Leader of the Opposition. Members enjoy security of tenure
during the term of their appointment and can be removed only for misbehaviour or
inability to perform their duty by reason of infirmity of mind or body.

The Commission is charged among other matters with reviewing the salaries and other
conditions of service of judges. The report of the Commission is presented to the Prime
Minister for presentation to the Cabinet. Thereafter it shall be "laid as soon as possible
thereafter on the table of ea6h House". The intention is plainly to bring the force of
public opinion to bear on the reasonably prompt implementation of any recommended
increases set out in the report.

There remains the provision in Section 75 of the Constitution of Cabinet responsibility.
This reads -

       "There shall be a Cabinet for Trinidad and Tobago which shall have the
       general direction and control of the government of Trinidad and Tobago
       and shall be collectively responsible therefore to Parliament."

This broad statement -must be interpreted bearing- in mind the jurisprudential
preeminence of the doctrine of the separation, of powers and the Independence of the
Judiciary and the provisions of the Constitution formulated for their protection.

Unquestionably, the allocation of funds for the Judiciary must be under
Parliamentary control. Effective manage -ment would require preparation of the
estimates by the appropriate officials in the Judiciary who would be familiar with
the pattern of past expenditure and be in the best position to project the cost of
expected growth and of plans for proposed changes geared to improving
efficiency and the delivery of better service.

These estimates would be discussed between the appropriate officials from the Judiciary
and of the Ministry of Finance. Figures would then be' agreed which would take into .
account the overall needs of the administration and the projected revenues. These
figures would be presented to Parliament for debate and approval. It should be noted
that, on presentation to Parliament, the Estimates for the Judiciary are listed under the
heading "Departments and Services not under Ministerial Control". The relevant page
for the 1999/2000 Estimates is annexed hereto as Appendix B.

In the course of this debate, approving these estimates, matters of concern
relating to the administration of the Judiciary could be aired. Historically, the
political functionary who would reply to queries would be the Attorney General
acting on instructions supplied by the Judiciary. The performance of that task
does not, however, bring the Department of the Judiciary under the “control” of
the Attorney General.

In the extraordinary issue of the Trinidad and Tobago Gazette VoL 37 No. 102 dated 01
June 1998 there is published a list of Assignment of Responsibility To Ministers. The
Minister's name is set down and opposite the name is detailed the Business and
Departments of "Government over which he or she is responsible. The Judiciary is not
under the list assigned to the Attorney General. Listed are "Civil Litigation, Criminal
Litigation [and] Office of State Solicitor. Among the items of business assigned. to the
Minister of -Finance is "Budgeting/Budgetary control".

Historically, the Attorney General has been the member of Cabinet responsible for
bringing to the attention of Cabinet matters of concern to the Judiciary. This is an
inheritance from the pre-independence administrative structure. The Chief Justice and
the Attorney General were all attached to the Colonial Legal Service. The Attorney
General was a member of the Executive Council, the body which in time evolved into the
Cabinet. At the apex of the structure was the Governor-General who effectively
exercised all authority under the aegis of the Colonial office. While-the concepts of the
independence of the--Judiciary and the separation of powers were accepted as central
elements in British constitutional law, there were no practical safeguards in the
constitutional reality. I am -not aware re of any formal review of administrative
arrangements in that regard with the ac -achievement of independence.

Among the departments assigned to the Attorney General in those Trinidad and Tobago
Gazettes (pages 415, 417, 966 and 967 which are annexed hereto at Appendix C) are
those of Legal Adviser to the Government, C.ivil Litigation and Criminal Litigation n. This
                                                                               nd
inevitably involves him in all the criminal litigation before the Courts a with some
regularity in important civil litigation concerned with judicial review of administrative
action and constitutional interpretation. Not infrequently, he is a named defendant or
plaintiff in such matters. This could create the perception of a conflict of interest.

The correspondence between the Attorney General and the Chief Justice indicates that
problems have arisen as a result of two Cabinet Minutes. Cabinet Minute No. 1565
dated 21 July 1988 provided among other matters that participation in conferences and
seminars be considered and approved by "relevant ministers". Cabinet Minute No. 2758
dated 24 October 1996 provided for the delegation of authority in respect of specified
matters to the "relevant minister". It -also required that officials attending -conferences
and seminars should submit reports to the relevant Permanent Secretary or Minister.
Cabinet minute.No. 2711 of 08 October 1998 prescribed that officers who are to travel
on overseas duty must obtain the prior approval of the "relevant minister".

On the basis of these minutes, the Attorney General asserted that the Ministry of
Finance should not release funds for overseas travel or, duty, of officers working in the
Judiciary unless his approval had been given.

I am satisfied that a Cabinet Minute naming the Attorney General as the "relevant
minister" cannot have the effect of altering the constitutional position of the Judiciary
which has- been analysed above. It is a separate department not failing under
ministerial control. The appointment of a "relevant minister" can only be effective in a
situation in which the ministry in respect of which the appointment is being made is
already one in respect of which the minister has been assigned responsibility. Funds
allocated by the Budget to the Judiciary are, of course, subject to the budgetary control
of the Minister of Finance and can be paid out only if the procedures specified by that
Ministry are observed.
In his presentation 'The Doctrine of Separation, of Powers The Independence of the
Judiciary, The Obligation of Accountability" the Attorney General states at page 9 -

               "(i) The Attormey General is and has always been accountable to
               Cabinet and Parliament for the Administration of law and justice in
               Trinidad and Tobago."

There is no mention of law and justice in the lists (attached as Appendix C).

At pages 9-10 the Attorney General lists a number of circumstances in which the
Attorney General is named as a defendant to answer claims made against
judges for violations of the Constitution. That is plainly the fact. It has no bearing
on the issue of the responsibility of the Attorney General to Cabinet for the
administration of justice. Indeed, as has been mentioned earlier, it could not,
since no litigant could be constitutionally endowed in any manner with the control
over the operation of the Judiciary which the concept of responsibility necessarily
carries.

The Attorney General refers at p. 11 to his role as guardian of the public interest which
vests in the authority to file actions to vindicate breaches of public right. The reference
is clearly one to relator actions which is discussed in the Supreme Court Practice 1997
paragraph 15/11/5. A proposed litigant has no standing to file an action to enjoin the
commission of a public nuisance or challenge a public wrong which does not cause him
or her especial damage, The action must be filed with the consent of the Attorney
General and in his name. This authority in no way impinges on the separation of powers
or the independence of the Judiciary.

The interface between the Judiciary and the other branches - the Executive and
the Legislature - takes place when the budget estimates of the Department are
discussed with the Ministry of Finance and subsequently in the Cabinet before
presentation in Parliament for debate and approval.

Once the amount has been approved the disbursement of funds are subject only to the
Exchequer and Audit Act Chapter 69:01 ("The Act") and the Regulations thereunder.

Regulation 62 provides that the General Warrant '.issued by the Treasury at the
beginning of each financial year authorises accounting officers to incur expenditure
"within the limits of and for the purposes specified in the Appropriation. Act and in
accordance with Treasury directions".

Regulation 65 provides that expenditure shall be classified in strict accordance
with the estimates and that a vote may not be applied to a purpose for which it is
not intended.

Section 5(2) of the Act authorises the Minister of Finance in his or her discretion to limit
or suspend any expenditure charged under the Appropriation Act or by virtue of section
18 and so authorised if in his or her opinion the exigencies of the financial situation
render such limitation or suspension necessary.
Under Section 24 1 (b) of the Act within a period of four months after December 31, in
each year accounting officers must prepare and transmit to the Auditor General
appropriation accounts of the moneys expended under the votes for which they were
responsible showing the services for which the money was voted, the sums actually
expended on each such service during the period of account, and the state of each vote
compared with appropriation.

The Auditor General examines the accounts submitted and causes them to be
examined and audited.        The Auditor General prepares a report which he
transmits to the Minister of Finance who must lay it on the table of Parliament -
Section 25.

This elaborate and detailed scheme for ensuring accountability for the
expenditure of public funds applies to the Judiciary.

In his presentation the Attorney-General contends at page 40 paragraph 14 that
the Appropriation Bill sets out only global figures in relation to heads of
expenditure. This did not mean that the "minute details" of the Judiciary's
expenditure have been approved. The language is significant. "Minute details"
is a phrase consistent with micro-management.

The provisions of Regulations 67 and 68 make it plain that the estimates are
sufficiently detailed to make effective control of expenditure possible.

Once there is a budget allocation for training, it is the function of the Chief Justice
to decide what training the Department needs and what officers in the-
Department- should be selected for training. When this decision has been made
by the Chief Justice the proposals would then be submitted by the Accounting
Officer to the Ministry of Finance for the release of the necessary funds. The
Ministry will then have to be satisfied that the sum requested is justifiable for the
purpose and will be spent for that purpose.

On the return of the officer from the course, documents will have to be submitted to the
appropriate official in the Department of Court Administration to substantiate that the
funds had been spent for the purpose for which they had been disbursed. These
documents would in due course be subject to scrutiny by officials in the department of
the Auditor General. The process appears to satisfy the level of accountability
prescribed in the Act.

This approach is supported by the notes of a meeting attended by officials of the
Ministry of Finance (among them the Minister of Finance), officials from the
Attorney General's office (among them the Acting Permanent Secretary) and of
the Judiciary (among them the Chief Court Administrator). The date of the
meeting is 10 November 1998. The following appears at page 3 of notes of that
meeting prepared by an official of the Ministry of Finance -
       “On the matter of Training and Travel the issue here is that approvals
       decisions given by the Chief Justice with respect to Overseas Travel and
      Training for Judiciary Officers are subject to review and final approval by
      the Office of the Attormey General. The Minister of Finance agreed that
      such decisions should not be subjected to review an and/or official
      approval by the office of the Attormey General."

It is reasonable to infer that once members of the staff of the Judiciary become
aware that decisions of the Chief Justice in such an area are subject to review by
the Attorney General, the Chief Justice's authority as Head of Department will be
impaired. This will affect adversely the independence of the Judiciary and the
separation of powers.

The Attorney General places great stress on the historical role of the Attorney
General a s a channel of communication between the Chief Justice as head of
the Judiciary and the Cabinet as the-institution which has "the general direction
and control of the government of Trinidad and Tobago" and is "collectively
responsible therefore to Parliament."

I have spoken to two recent holders of the office of the Attorney General - Mr.
Sobion and Mr. Martineau, S.C.. Both were clear on the fact that they considered
their roles to be that of conduits.

My own experience on joining the Judiciary in November 1962 dramatised the
punctilious approach of the then Chief Justice, Sir Hugh Wooding. In his
discussions with the Prime Minister leading to his agreement to accept the office
of Chief Justice, he had understood that there would have been a substantial
upward review of judicial salaries shortly after his assumption of office. That did
not materialise.

His approach was that the constitutional position.precluded any discussion
between the Prime Minister and himself as Chief Justice. As he saw it, the
proper course was-to raise the matter with the then Governor-General, Sir
Solomon Hochoy, who would discuss it with the Prime Minister. And so the
procedure would go on until the issue of salaries would eventually be settled.
The process took over two years, ameliorated in part by the review being back
dated to the date of independence.. I thought then that the Chief Justice was
perhaps being over punctilious, and that the Chief Justice could with propriety
have held direct discussions with the Prime Minister. No thought was ever given
to using the then Attorney General, Mr. George Richards, as a channel of
communication.

At the heart of the disagreement is the assertion that the designation of the
Attorney General as "relevant minister' places that official in a supervisory role
over the disbursement of funds to the Judiciary. An instance will illustrate. A
meeting of regional Chief Justices was to be held in Jamaica. The Chief Justice
wished to attend. In the view of the Attorney General, money could not be
released for the- expenses to be incurred for the visit unless he (the Attorney
General) agreed. In the arrangements which the Minister of Finance found
acceptable, the funds could have been released on the submission by the Chief
Justice of a properly documented request. I am of the view that the requirements
of accountability are satisfactorily fulfilled once the Minister of Finance is satisfied
that the prescribed financial prerequisites have been observed.

The insistence on the Attorney General's approval is, in my view, an erosion of -the
principles of separation of powers and the independence of the Judiciary.

Considered from the angle of principle, the approval by the House of Assembly of a vote
for travel on official business by members of the staff of the Judiciary establishes beyond
dispute that the sum voted has been accepted as proper by the responsible authority.
Thereafter, all that remains is that the Minister of Finance should be satisfied when a
request is made that there is money available to be disbursed and that the money is
being used for the purposes for which it was voted. If the documentation is
unsatisfactory the Minister of Finance can identify the defects to the Department and -
state how they should be cured. This takes care of accountability in relation to the
expenditure of funds.

If the consent of any other functionary is demanded at this stage, that arrangement can
only arise from an intention to vest in that functionary the authority to countermand the
decision of the Chief Justice to attend the conference. This must plainly be an
impermissible intrusion. The fact that the Chief Justice himself is involved highlights the
impermissibility. But the basic situation is no different if the request is made by the Chief
Justice with respect to a member of the Judiciary whom he has deputed to travel
officially on judiciary business.

There still I remains the issue of accountability of the Judiciary in its day . to day
administrative operations as distinct from the preparation of its budget and the
disbursements of moneys allocated thereunder.

The constitutional safeguards erected for the protection of the Judiciary preclude the
application of the doctrine of parliamentary responsibility in the way in which it is applied
in the United Kingdom. The system works there because of the unique position of the
Lord Chancellor. As I have indicated, it is impossible to replicate the office. Certainly
the Attorney General cannot fulfil the function since that official is not a judge. The office
of Attorney General in Trinidad and Tobago compares almost exactly in its functions with
that of the Attorney General in England and no one could conceive that that official could
exercise any function in relation to the Judiciary.

The conclusion seems inevitable that the supervisory and reporting role which the Lord
Chancellor performs in England can have no parallel in Trinidad and Tobago. The
annual submission by the Judiciary to the Ministry of Finance of its budget for the
ensuing year does afford an opportunity for a detailed review of the effectiveness of the
services provided with funds previously allocated. It cannot reasonably be said that the
Judiciary is a law unto itself. It is merely protected from interference to ensure that its
decisions are not subjected to any influences but guided solely by the law.

Chief Justices have traditionally at the start of the,term reported on the "state of the
Judiciary" if one may borrow and modify a phrase used in the United States of America.
The Chief Justice on this occasion published a separate document setting out in greater
detail the activities of the Courts. This practice will make possible a more informed
debate on the efficiency of the Judiciary. It will highlight all the improvements -which
have been made and make manifest areas where weaknesses exist.

This should bring to.the area of the administration of justice the same openness that
exists in the area of the decision of cases through the This is the very bedrock of
delivery of reasoned judgments. accountability.



                         THE CHANNEL OF COMMUNICATION

Although it is important to maintain the independence of the Judiciary and, in particular,
its autonomy in the area of administration, the efficiency of the active machinery of
government will benefit from the establishment of proper channels of communication.

In my view, there are potential difficulties in using the office of the Attorney General as
that channel. As has been mentioned, the Attorney General is a frequent litigant. He is
the Legal Advisor to the Government. Challenges may be mounted as to the
constitutionality of Acts passed by the Government.                 The judicial review of
administrative actions may arise in areas regarded by the Government as politically
problematic.

An official, less directly concerned with litigation could better serve that function. I would
recommend that the Prime Minister should serve as the channel of- communication
between the Chief Justice and the Cabinet and the Legislature. The Prime Minister may,
of course, seek the views of the Attorney General, the Government's principal legal
advisor.



                             THE SUPREME COURT RULES

Although, in- my view, the problems arising from the Chief Justice's efforts to introduce
radically new Supreme Court Rules are not directly related to the issues of separation of
powers and the independence of the Judiciary, they merit mention because they
contributed to the creation of an atmosphere of conflict involving the Chief Justice, on
the -one hand and the President of the Law Association, Mr. Karl Hudson-Phillips, Q.C.
and the Attorney General on the other.

The new Rules were part of a programme for the reform of judicial administration which
included the setting up of a Department of Court Administration.

In procedural terms the Rules were aimed at introducing an element of case
management. This would afford court officials more control over the pace at which civil
cases moved through the system to trial and hopefully would expedite their disposal.

The Chief Justice was clearly anxious to implement the reforms with all due despatch.
There were members of the Law-,Association who thought that more time was needed
to study the- new Rules and assess their impact on the administration of justice in the
country particularly with regard to single practitioners and poorer litigants.

There were attorneys-at-law, members of the Law Association, on the
Committee. working on the Draft which would, in due course, be adopted as the
new Rules. To the dissentients it seemed clear that these members were unable
to secure what they considered an adequate period of time for further
consideration of the Draft.

A delegation led by Mr. Karl Hudson-Phillips, Q.C. met with the Attorney General and
explained to him their concerns. Up till then the Attorney General had supported the
reforms including the putting in place of the Department of Court Administration and the
implementation of the new Rules. As a result of the meeting he was satisfied that there
was significant opposition to the pace at which the consideration of the new Rules was
proceeding. He undertook to do what he could to delay the adoption of the new Rules
pending further study. In effect this has been achieved. The Rules which had been laid
on the Table of the House of Representatives as part of the procedure for their adoption
are now undergoing further study.

The events did, however, sharpen divisions in the Law Association. It can now
be said to be deeply split. Many members are of the view that once the Chief
Justice has made up his mind about the desirability of a plan of. action, he bends
his efforts towards implementing- it without what they consider adequate
consultation. My discussions lead me to believe that the majority of the
Executive of the Law Association hold that view.



            PROBLEMS FOR CREATING AN OFFICE OF CHANCELLOR

On 24 August 1999 Mr. Karl Hudson-Phillips Q.C. met the Attorney General and
reported to him on the state of the Association. He stated -

               “The President expressed the view that the time had come when
       the questions of administration as opposed to the Judicial function should
       be recognized as being a separate but important exercise. Guyana,
       Jamaica and the United.Kingdom have long recognized this. There is
       need at present to give due consideration to the appointment of a person,
       with at least Court of Appeal status to be in charge of the administration
       side of the judiciary delivery system. , It is important that this office have
       that status. It is unacceptable, for a person of a lower rank to be able to
       give direction to judges even in purely administrative matters. There is
       need for the appointment of a Chancellor (the name is not important) to
       be in charge of the administration of not only of the High Court level, but
       also other levels, Magistrates, County Court Justices, lay magistrates,
       coroners etc."

While agreeing that the name of an office may well be immaterial, the important element
being its function, the office of Chancellor in Guyana is in no way connected principally
with administrative 'functions, or any other separation of administrative functions from
purely Judicial functions. The original Constitution of Guyana 1967 article 83 provides
that the Supreme Court of Judicature of Guyana shall consist of a Court of Appeal and a
High Court. Articles 84 and 85 read -

       "84    The Judges of the Court of Appeal shall be the Chancellor who
              shall be President of the Court of Appeal, the Chief Justice and
              such number of Justices of-Appeal as may be prescribed by
              Parliament.
       85    The Judges of the High Court shall -be the Chief Justice and such
             number of Puisne Judges as may be prescribed by Parliament.

In Guyana the Chancellor is the Head of the Judiciary and responsible for
Administration.

Section 97 of The Constitution of Jamaica 1962 sets up a Supreme Court of Jamaica.
Section 97(2) reads -

              "The judges of the Supreme Court shall be the Chief -Justice, a
       Senior Puisne Judge and such other number, of Puisne judges as may be
       prescribed by Parliament."

 Section 108(l) sets -up the Court of Appeal. Section 103(2) reads -

        "The Judges of the Court of Appeal shag be

              (a)     a President

              (b)     the Chief Justice by virtue of his office as head of the
                      Judiciary but who, however, shall not sit in the Court of
                      Appeal unless there are at least four other Judges sitting
                      and unless he has been asked to sit by the President of
                      the Court'.

Whenever the Court sits the President; presides and he is "responsible for the
arrangement of the work of the Court. In Jamaica the Chief Justice is the Head of the
Judiciary and responsible for its administration. The President of the Court of Appeal
administers the Court of Appeal after consulting the Chief Justice if that seems
advisable.

The office of Lord Chancellor of England is unique to Great Britain and is hot capable of
being replicated elsewhere.

I have attempted to show that the present trend of academic opinion is that the Judges
themselves should-be responsible for the fiscal and administrative operation of the
Judiciary. It is also the trend among Parliamentarians, members of the -Executive and
Judges in the Commonwealth. At page 18 of the proceedings of the- Latimer House
Joint Colloquium on Parliamentary Supremacy and Judiciary Independence held in June
1998 guidelines -are set out. Para 2 page 20 reads –
       "2.     Funding

                       Sufficient funding to enable the judiciary to perform its
               functions to the highest standards should be provided.
                       Appropriate salaries, supporting staff, resources and
               equipment are essential to the proper functioning of the Judiciary.
                       As a matter of principle judicial salaries and benefits
               should be set by an independent commission and should be
               maintained.
                       The administration of monies allocated to the judiciary
               should be under the control of the judiciary."

I am aware that Trinidad and Tobago has not adopted these guidelines but they do
reflect a powerful stream of Commonwealth opinion well supported by principle and
authority.

It should be noted that this was not the first occasion that the suggestion had been made
that a "judicial officer" shou.Id be appointed who would in effect exercise functions
traditionally performed by the Chief Justice. Sir Isaac Hyatali was there tire Chief Justice
and the late Dr. Eric Williams the Prime Minister. The proposal was perceived then as a
stratagem to emasculate the Chief Justice without abolishing his office which would
require an amendment of the Constitution. The proposal died.

The Report ended with the statement that the Attorney General had assured Mr.
Hudson-Phillips that "active consideration would be given to the matters raised."



                           CONCLUSION AND COMMENTS

In the course of:preparing this report I have perused a number of files dealing with a
variety of subjects. I have not thought it necessary to review the details. There has
been no dispute as to the relevant facts. This disagreement centers on the interpretation
placed by the parties - the Chief Justice and the Attorney General - on the concepts of
the independence of the Judiciary and the separation of powers.

It has been suggested that the problems sprang from a clash of personalities between
the office holders. This is true only to the extent that the temperament of the office
holders brought sharply into focus the need for analysis and definition.

I have concluded that the jurisdiction claimed. by the Attorney General as "relevant
minister" under the Cabinet Minute quoted cannot extend to the Judiciary. The Judiciary
does not fall among the Departments for which he is responsible.

Disbursement from the Judiciary vote do not require his approval. Once the Minister of
Finance is satisfied that the request for payment is in respect of an expenditure failing
within the head claimed and is supported by documentation establishing that it is to be
expended for the purpose claimed, then the disbursement can be made.
I have also concluded that this procedure adequately fulfils the requisite accountability to
the House of Assembly for the sums voted for its use. Subsequent internal audits and
final external auditing by the Department of the Auditor-General will confirm that the
sums have indeed been spent, for the purposes for which they were disbursed.

I have concluded that examination of the level of efficiency of the Judiciary can take
place when the Estimates prepared by the Judiciary are subjected to scrutiny by the
Ministry of Finance before being settled for presentation to the Cabinet and ultimately to
Parliament for adoption.

I recommend that the established channel of communication between the Chief Justice
on the one hand and the Cabinet and the Parliament on the other should be the Prime
Minister.

I am of the view that the expanded Annual Report on the operation of the Department
contributes to the fulfillment of the duty of accountability. It also facilitates an opening up
to the public of the administrative side of the Judicial Department - the same openness
which marks the decision making process.

I wish to end this Report with a comment. It is an accepted fact that in all countries with
working democratic systems strains develop between the Judiciary and the Legislature
or the Executive. The record also shows that in such situations the members of the
Judiciary become very upset. This reflects itself in the-use of rather strong language in
the academic literature and in England in the debates in the House of Lords.

Giving due allowance for this it is my view that the language of the Chief Justice in his
speech at the opening of term was immoderate. A judge speaking in a debate in the
House of Lords can claim to speak as a politician. A judge delivering a lecture to a
general or academic audience can claim to be speaking as a commentator on legal
matters. A judge delivering from the Bench an address on the opening of the term
should only speak as a judge. He should neither descend nor threaten to descend into
the arena. The case for the independence of the Judiciary and the separation of powers
can be made on the basis of the logical analysis of constitutional principles.

While the Chief Justice may have felt provoked beyond endurance, there- was no
adequate evidence to support the charge of an attempt to drive him from the Bench
eliciting the response that he would not be so driven. The proposal for the appointment
of a "Chancellor" had been made by the President of the Law Association and the
Attorney General had promised no more than that "active consideration" would be given
to that proposal among others.

I need not remind members of the Law Association that they will be among the most
affected if the independence of the Judiciary is eroded. Whatever differences may
divide them, they should be united indissolubly in ensuring that it is preserved and
strengthened.
APPENDIX A

Persons with whom interviews were held during the Court of Inquiry

1     His Excellency -the President of the Republic of Trinidad and Tobago,
Mr.Arthur N.R. Robinson, T.C., O.C.C,., S.C.;

2      The Honourable Prime Minister of the Republic of Trinidad and Tobago, Mr.
      Basdeo Panday;

3.    The Honourable Chief Justice of the Republic of Trinidad and Tobago, Mr.
      Michael de la Bastide, Q.C., T.C.;

4.    The Honourable Attorney General of the Republic of Trinidad and Tobago, Mr.
      Ramesh Lawrence Maharaj, S.C.;

5.    Justices of Appeal, Sharma, Ibrahim, Warner, Permanand, Hamel Smith and
      Nelson;

6.    Pusine High Court Justices, Kangaloo, Tam, Jamadar, Archie, Smith, Volney,
      Mendonca, Moosai and Stollmeyer;

7.    The President of the Law Association, Mr. Karl Hudson-Phillips, Q.C. and
      members of welcoming Committee;

8.    Mr. Russell Martineau, S.C.;

9.    Mr. Claude Denbow, S.C.;

10.   Mr. Gerald Furness-Smith, S.C.;

11.   Master Morris Alleyne;

12.   Mr. Christopher Hamel-Smith;

13.   Mr. Douglas Mendes;

14.   Mr. Andre des Vignes;

15.   Mr. Ian Benjamin;

16.   Mr. John Jeremy;

17.   Mr. Mark Morgan;

18.   Ms. Carol Gobin;
19.   Mr. Indal Harracksingh;

20.   Mr. Dennis Gurley;

21.   Mrs. Stephanie Daly

22.   Mr. Gary Kelly;

23.   Mr. Kerwyn Garcia;

24.   Mr. Daniel Fitzwilliam;

25.   Mr. Gregory Armorer;

26.   Ms. Christine Sookram; and

27.   Mr. Peter Pursglove.




APPENDIX.B

1999/2000 Estimates for Department and Services not under Ministerial Control

                         Departments and Services not under

                                   Ministerial Control

01 PRESIDENT                                                           6,510,970
02 AUDITOR GENERAL                                                    14,197,200
03 JUDICIARY                                                          81,677,380
04 INDUSTRIAL COURT                                                   10,223,020
05 PARLIAMENT                                                         23,237,980
06 SERVICE COMMISSIONS                                                17,347,800
07 STATUTORY AUTHORIT IES SERVICE COMMISSION                           2,848,210
08 ELECTIONS AND BOUNDARIES COMMISSION                                21,662,642
09 TAX APPEAL BOARD                                                    1,937,184
11 REGISTRATION RECOGNITION AND CERTIFICATION BOARD                    1,920,340
12 PUBLIC SERVICE APPEAL BOARD                                         1,036,470
37 INTEGRITY COMMISSION                                                  633,860

                                            TOTAL                    183,233,056
APPENDIX C

Trinidad and Tobago Gazette Vol. 37 dated Monday 01 June, 1998

Trinidad and Tobago Gazette Vol. 38 dated Tuesday 26 October, 1999




      TRINIDAD AND TOBAGO GAZETTE

                                 (EXTRAORDINARY)


      VOL. 37                 Port-of-Spain, Trinidad, Monday, lst June, 1998-Price
      $1.00                   No. 102



      1020

                             ASSIGNMENT OF RESPONSIBILITY TO MINISTERS


      IT IS NOTIFIED for general information that His Excellency the Acting
      President, acting in accordance with the advice of the Prime Minister,
      under the provisions of section 79(l) of the Constitution of the Republic of
      Trinidad and Tobago, has assigned to the following Ministers the
      responsibility for the Business and Departments of Government
      hereinafter mentioned:

                     Minister Business and Department of Government Designation

              The Honourable           Office of the Prime Minister               Prime Minister
              BASDEO PANDAY,           Cabinet
              M.P.                     Constitutional Matters
                                       Audit Matters
                                   Public Holidays
                                   National Awards
                                   National Multi-Partite Commission
                                   National Security Council
                                   Public Concerns/Enquiries
                                   Policy and Performance Review
                                   Sports and Culture Fund


          The Honourable           Ministry of the Attorney General                     Attorney General
          RAMESH LAWRENCE          Legal Adviser to the Government
          MAHARAJ, M.P.            Legislative Drafting
                                   Civil Litigation
                                   Criminal Litigation
                                   Office of State Solicitor
                                   Appointment to Quasi Judicial Bodies
                                   Law Revision
                                   Law Reform
                                   Boards and Similar Bodies
                                   Law Commission
                                   Council of Legal Education
                                   Industrial Court


          The Honourable           Ministry of Agriculture, Land and Marine Resources   Minister of Agriculture,
          Dr. REEZA                Agriculture                                          Land and Marine
          MOHAMMED, M.P.           Agricultural Marketing                               Resources
                                   Agricultural Land Development and Distribution
                                   Forestry, Parks and Open Spaces
                                   Horticulture
                                   Food Production
                                   Fisheries and Marine Exploitation
                                   (Fish and Other Living Resources)




416                                          TRINIDAD AND TOBAGO GAZETTE
[June: 1, 1998]
1020-Continued

                 ASSIGNMENT OF RESPONSIBILITY TO MINISTERS-Continued

                 Minister Business and Department of Government Designation

          The Honourable           Ministry of Agriculture, Land and                    Minister of Agriculture,
          Dr. RE:EZA               Marine Resources                                     Land      and    Marine
                                                                                        Resources
                                   Statutory Boards and Similar Bodies
                                   Agriculture Society of Trinidad and Tobago
                                   Zoological Society of Trinidad and Tobago
                                   Cocoa and Coffee Industry Board -
                         Desig@ated Majority Owned Enterprises
                         National Agricultural Marketing Development
                         Company Limited
                         Caroni (1975) Limited
                         TANTEAK (Trinidad and Tobago Forest Products
                         Company Limited)
                         Agricultural Development Bank of Trinidad and
                         Tobago
                         Non Parell Estates Limited
                         Designated Minority Interest Companies
                         Caribbean Food Corporation


Senator the Honourable   Ministry of Culture and Gender Affairs             Minister of Culture and
Dr. DAPHNE PHILLIPS      Culture                                            Gender Affairs
                         Creative Arts
                         Gender Affair s
                         Cultural Organizations
                         National School of Music
                         National Days and Festivals
                         National Museum and Art Gallery
                         Carnival
                         Steelband
                         Archives
                         Statutory Boards and Similar Bodies
                         National Cultural Commission
                         Queen's Hall Board of Management
                         Naparima Bowl Board of Management
                         Royal Victoria Institute
                         National Carnival Commission


The Honourable           Ministry of Education                              Minister of Education
Dr. ADESH NANAN, M.      Pre-School Education
P.
                         Secondary School Education
                         Adult Education
                         Teacher Education
                         Physical Education in Schools
                         Primary School Education
                         Technical and Vocational Education and Training
                         Educational Counselling and Guidance
                         Continuing Education
                         Registration of Private Educational Institutions
                         School Nutrition Programme
                         Special Education
                         School Library Services
                         Statutory Boards and Similar Bodies
                         National Commission for UNESCO


Senator the Honourable   Ministry of Energy and Energy Industries           Minister of Energy and
                  FINBAR GANGAR               Energy                                             Energy Industries
                                              Natural Resources
                                              -Quarries and Mines
                                              Energy Industries
                                              Designated Majority Owned Enterprises
                                              Petroleum Company of Trinidad and Tobago Limited
                                              National Quarries Company Limited
                                              Trinidad and Tobago Methanol Company Limited
                                              Trinidad and Tobago National Petroleum
                                              Marketing Company Limited
                                              National Gas Company of Trinidad and Tobago
                                              Limited




[June 1, 1998                                          TRINIDAD AND TOBAGO GAZETTE
417
 10-Continued

                             Minister Business and Department of Government Designation

         Senator the Honourable   Ministry of Finance                                  Minister of Finance
         Brian Kuei Tung          Actuarial Services
                                  Budgeting(Budgetary Control
                                  Consolidated Fund,
                                  Customs and Excise
                                  Inland Revenue
                                  Capital Repayments
                                  Insurance
                                  Fiscal Policy and Monetary Policy
                                  Banking (Central and Commercial)
                                  Borrowing (Local and Foreign)
                                  International Financing
                                  Loans
                                  Localization
                                  Pensions and Gratuities
                                  Post Office Savings Bank
                                  Project Financing Programme
                                  Economic Management
                                  Special Funds
                                  Finance
                                  Tenders and Contracts
                                  National Insurance
                                  Valuation
                     Investments
                     Government Investments
                     N.I.B. Investments
                     Divestment
                     Statutory Boards and Similar Bodies
                     National Lotteries Control Board
                     Central Tenders Board
                     N.I.S. Appeal Tribunal
                     National Insurance Board
                     Designated Majority Owned Enterprises
                     Investment Recoveries Company Limited
                     National Insurance Development Company
                     Reinsurance Company OF Trinidad and Tobago
                     Limited
                     Trinidad and Tobago (BWIA International) Airways
                     Corporation (Old BWIA)
                     Designated )Majority Interest Companies
                     Caribbean Investment Corporation
                     Maritime Life (Caribbean) Limited
                     First Citizens Bank (FCB)
                     First Citizens Holdings Company
                     Taurus Services Limited
                     Trinidad and Tobago Development Finance
                     Company Limited
                     Trinidad and Tobago Mortgage Finance Company
                     Limited

The Honourable       Ministry of Foreign Affairs                        Minister of Foreign
RALPH MAHAJ, M.P.    External Relations                                 Affairs
                     Overseas Missions
                     Caribbean Community Affairs
                     CARICOM Affairs
                     Association of Caribbean States


The Honourable       Ministry of Health                                 Minister of Health
Dr. HAMZA RAFEEQ,,   Public Health
M.P.                 Public Health Education
                     Hospitals
                     Health Centres
                     Mental Health Services
                     Food and Drug Quality Monitoring
                     Public Health Care Services
                     Dental Services
                     Epidemiology
                     Veterinary Public Health
                     Boards regulating the Practice of Medicine and
                     Related Professions
                     Medical Services
                     Insect Vector
                     Private Health Facilities
418                                                       TRINIDAD AND TOBAGO GAZETTE
[June 1, 1998
1020-Continued

                         ASSIGNMENT OF RESPONSIBILITY TO MINISTER-CONTINUED

                          Minister Business and Department of Government Designation

          The Honourable           Ministry of Health                                    Minister of Health
          Dr. HAMZA RAFEEQ,        Nursing Services, Nursing Council, Nurses' Training
          M.P.-Cont’d.             Nutrition Services
                                   Paramedical Services
                                   Delivery of Family Planning Services
                                   Designated Majority Owned Enterprises
                                   North West Regional Health Authority
                                   South West Regional Health Authority
                                   East Regional Health Authority
                                   Central Regional Health Authority


          The Honourable           Ministry of Housing and Settlements                   Minister of Housing
          JOHN HUMPHREY,           Housing                                               and Settlements
          M.P.                     Squatting
                                   Land Settlement
                                   Regularization of Tenure of State Lands
                                   Lands and Surveys
                                   Hydrographic Surveys
                                   Town and Country Planning
                                   Urban Development
                                   Statutory Boards and Similar Bodies
                                   National Housing Authority
                                   Sugar Industry Labour Welfare Committee
                                   Designated Majority Owned Enterprises
                                   Urban Development Corporation of Trinidad and
                                   Tobago

          The Honourable           Ministry of Information, Communications,              Minister of Information,
          Dr. RUPERT GRIFFITH,     Training and Distance Learning                        Communications,
          M.P.                     Public Information                                    Training and Distance
                                   National Information System Centre                    Learning
                                   Public Information Services
                                   Public Relations
                                   Government Printing and Stationery
                                   Library Services and Libraries
                                   Educational Broadcasting
                                   Radio and Television
                                   Telecommunications
                                    Training and Re-training,          Human    Resource
                                    Development
                                    Distance Learning
                                    National Apprenticeship System (NAS)
                                    Youth Training and Employment Partnership
                                    Programme (YTEPP)
                                    Science, Technology and Tertiary Education
                                    Information Technology
                                    Statutory Boards
                                    Trinidad and Tobago Hospitality Training Institute
                                    National Training Agency
                                    Board of Industrial Training
                                    National Library and Information Services
                                    Telecommunications Authority
                                    Board of Film Censors
                                    Designated Majority Owned Interest
                                    National Broadcasting Service of
                                    Trinidad and Tobago Limited (Radio 610)
                                    Trinidad and Tobago Television Company Limited
                                    National Broadcasting Network Limited
                                    Designated Minority Interests
                                    Metal Industries Company Limited


          The Honourable            Ministry of Labour.and Co-operatives                   Minister of Labour and
          HARRY PARTAP, M.P.        Labour Relations                                       Co-operatives
                                    Factory Inspectorate
                                    Manpower and Employment
                                    Occupational Safety and Health
                                    Trade Unions
                                    Labour Education
                                    Friendly Societies
                                    Co-operatives




June 1, 1998                                                TRINIDAD AND TOBAGO GAZETTE
419
1020-Continued

                           Minister Business and Department of Government Designation

          The Honourable            Trade Disputes
          HARRY PARTAP, M.P.        Wage Councils
                                    Credit Unions
                                    Statutory Boards and Similar Bodies
                                    Minimum Wages Board
                         Boilers Examiners Board
                         Registration, Recognition and Certification Board
                         Cipriani Labour College


The Horourable!e         Ministry of Legal Affairs                             Minister of Legal
KAMALA PERSAD-           Official Receiver                                     Affairs
BISSESSAR, M.P.          Provisional Liquidator
                         Registrar General
                         Administrator General
                         Copyright
                         Patents
                         17rade Marks
                         Intellectual Property
                         Public Trustee
                         Liaison
                         Registrar of Companies
                         Rent Restriction
                         Statutory Boards and Similar Bodies
                         Legal Aid and Advisory Authority
                         Rent Assessment Board


The Honourable           Local Environment                                     Minister of Local
DHANRAJ SINGH, M.P.      Garbage collection and disposal                       Government
                         Unemployment Relief Programme
                         Designated Majority Owned Enterprises
                         Solid Waste Management Company Limited


Senator the Honourable   Ministry of National Security                         Minister of National
JOSEPH THEODORE          Defence (Regiment and Coast Guard)                    Security
                         Drug Enforcement/Interdiction
                         Police-Public Order and Safety, Law Enforcement
                         Prisons
                         Fire Service
                         Internal Security
                         Citizenship
                         Immigration
                         Work Permits
                         National Emergency/Disaster Management
                         Cadet Force
                         Civilian Service Corps
                         Airspace
                         Territorial Waters
                         Statutory Boards and Similar Bodies
                         Forensic Science Centre


The Honourable           Ministry of Planning and Development                  Minister of Planning
TREVOR SUDAMA,           Economic Planning and Development                     and Development
M.P.                     Technical Co-operation-Projects and Programmes
                         Technical     Co-operation-Human           Resource
                         Development (policy)
Technical Co-operation-Training and Re-training
(policy)
Human Resource Planning
Manpower and Manpower Planning
Population
National Statistics
Environment
Pollution Control
Coastal Erosion
Statutory Boards and Similar Bodies
NIHERST
CARIRI
University of the West Indies
Institute of Marine Affairs
420                                                         TRINIDAD AND TOBAGO GAZETTE,
[June 1, 1998
102-Continued

                        ASSIGNMENT OF RESPONSIBILITY TO MINISTERS- CONTINUED

                           Minister Business and Department of Government Designation

          Senator the Honourable    Ministry of Public Administration                    Minister of Public
          WADE MARK                 The Public Service                                   Administration
                                    Personnel Department
                                    Organization, Development and Management
                                    Property Management Unit


          The Honourable            Ministry of Public Utilities                         Minister of Public
          GANGA SINGH, M.P.         Electricity                                          Utilities
                                    Electrical Inspectorate
                                    Water
                                    Postal Services
                                    Meteorological Services
                                    Telephone and Telegraph
                                    Statutory Boards and Similar Bodies
                                    Public Utilities Commission
                                    Trinidad and Tobago Electricity Commission
                                    Water and Sewerage Authority
                                    Designated Majority Owned Enterprises
                                    Telecommunications Services of Trinidad and
                                    Tobago

          The Honourable            Ministry of Social and Community Development         Minister of Social and
          MANOHAR                   Community Development                                Community
          RAMSARAN,                                                                      Development
          M.P.                      Social Services
                                    Public Assistance
                                    Social Help and Rehabilitative Efforts (SHARE)
                                    National Family Services
                                    Homes for the Aged
                                    Old Age Pensions
                                    Probation Services
                                    Industrial Schools and Orphanages
                                    National Alcohol and Drug Abuse Prevention
                                       Programmes
                                    Vagrancy
                                    National Social Development Council
                                    Promoting collaboration for eradication of Poverty
                                    Self Help
                                    Community Councils
                                    Community Centres
                       Village Councils
                       Best Village Programmes
                       Ecclesiastical Affairs
                       Statutory Boards and Similar Bodies
                       Adoption Board
                       National Self Help Commission
                       Civic Centres


The Honourable         Ministry of Sport and Youth Affairs           Minister of Sport and
PAMELA NICHOLSON,      Sport and Sporting Associations               Youth Affairs
M.P.                   Physical Education
                       Youth Training and Development
                       Youth Camps
                       Statutory Boards and Similar Bodies
                       National Stadium Board of Management
                       St. Paul Street Multi-purpose Facility
                       Trinidad and Tobago Boxing Board of Control
                       Pleasantville Multi-purpose Facility
                       Point Fortin Multi-purpose Facility


The Honourable         Ministry of Tobago Affairs                    Minister of Tobago
Dr. MORGAN JOB, M.P.   Tobago Affairs                                Affairs
                       Tobago House of Assembly


The Honourable         Ministry of Trade and Industry and            Minister of Trade and
MERVYN ASSAM, M.P.     Consumer Affairs                              Industry Consumer
                       Commerce                                      Affairs and Minister of
                       Business                                      Tourism
                       Industry
                       Racing Industry
                       Enterprise Development
[June 1,1998]                           TRINIDAD AND TOBAGO GAZETTE
      421
1020-continued

                           Minister Business and Department of Government Designation

          The Honourable            Small Business
          MERVYN ASSAM,             Service Industries
          M.P.-Cont’d               Export Processing Zones
                                    Consumer Affairs
                                    Prices Control
                                    Weights and Measures
                                    International Trade
                                    Statutory Boards and Similar Bodies
                                    Trinidad and Tobago Management Development
                                    Centre
                                    Trinidad and Tobago Racing Authority
                                    Betting Levy Board
                                    Prices Commission
                                    Trinidad and Tobago Bureau of Standards
                                    Designated Majority Owned Enterprises
                                    Small Business Development Company Limited
                                    National Flour Mills Limited
                                    Export Trading Company
                                    Point Lisas Industrial Port Development Corporation
                                    Limited
                                    Trinidad and Tobago Export Credit Insurance
                                    Company Limited
                                    Trinidad and Tobago Free Zones Company Limited


          The Honourable            Ministry or Tourism                                   Minister of Trade and
          MERVYN ASSAM,             Tourism                                               Industry and Consumer
          M.P.                      Hotel Development                                     Affairs and Minister of
                                    Statutory Boards and Similar Bodies                   Tourism
                                    Chaguaramas Development Authority
                                    Designated Majority Owned Enterprises
                                    Tourism and Industrial Development Company
                                    Caribbean Hotel Development Limited


          Senator                   Ministry of Works and Transport                       Minister of Works and
          the Honourable            Construction of Gov ernment Buildings                 Transport
          SADIQ BAKSH               Highways
                                    Bridges
                                    Motor Vehicles (Licensing and Control)
                                    Shipping
                                    Maintenance of Government Buildings
                                    Main Roads
                                       Drainage and Irrigation
                                       Traffic Management
                                       Civil Aviation
                                       Harbour and Safety in Coastal Waters
                                       Bi-lateral/Multilateral Air Services
                                       Public Transport
                                       Statutory Boards and Similar Bodies
                                       Trinidad Transport Board
                                       Port Authority of Trinidad and Tobago
                                       Airports Authority of Trinidad and Tobago
                                       Air Transport Licensing Authority
                                       Pilotage Authority
                                       Public Transport Service Corporation
                                       Designated Majority Owned Enterprises
                                       National Maintenance, Training and Security
                                       Company Limited
                                       National Helicopter Company Limited
                                       Designated Minority Interest Companies
                                       LIAT (1074) Limited
                                       Trinidad and Tobago (BWIA International)
                                       Airways Limited (New BWIA)


IT IS N0TIFIED for general information that His Excellency the Acting President, acting In accordance with the advice or
the Prime Minister, in exercise of the power vested in him by section 79(l) or the Constitution o(the Republic of Trinidad
and Tobago has assigned the HONOURABLE DR. VINCENT LASSE, M.P., responsibility for matters relating to the
Environment and such other duties in the Ministry of Planning and Development as may from time to time be specified by
the Minister of Planning and Development.

th May, 1998.                                                                                        G. NURSE

                                                                                              Secretary to His Excellency

                                                                                                  The President
 TRINIDAD AND TOBAGO GAZETTE

                                 (EXTRAORDINARY)


VOL. 38                     Port-of-Spain, Trinidad, Tuesday, 26th October, 1998-
Price $1.00                 No. 195



  2125

                APPOINTMENT TO ACT AS MINISTER OF TRADE AND INDUSTRY AND CONSUMER
                AFFAIRS

IT IS HEREBY NOTIFIED for general information that His Excellency the President, acting in accordance with
the advice of the Prime Minister, in exercise of the power vested in him by subsection (2) of section 79 of the
Constitution of the Republic of Trinidad and Tobago, has appointed MR . BRIAN KUEI TUNG, a Senator, to act
in the Office of the Honourable MERVYN ASSAM, Minister of Trade and Industry and Consumer Affairs, with
effect from 21st October, 1999 and continuing during the absence from Trinidad and Tobago of the said the
Honourable Mervyn Assam, M.P., in addition to the discharge othis normal duties.

                                             G. NURSE

                                    Secretary to His Excellency

                                           The President

  20th October, 1999.




              2126

                            APPOINTMENT TO ACT AS MINISTER OF TOURISM

IT IS H EREBY NOTIFIED for general information that His Excellency the President, acting in accordance with
the advice of the Prime Minister, in exercise of the power vested in him by subsection (2) of section 79 of the
Constitution of the Republic of Trinidad and Tobago, has appointed MR. BRIAN KUEI TUNG, a Senator, to act
in the Office of the Honourable MERVYN ASSAM, Minister of Tourism, with effect from 21st October, 1999 And
continuing during the absence from Trinidad and Tobago of the said the Honourable Mervyn Assam, M.P., in
addition to the discharge of his normal duties and those of the Minister of Trade and Industry and Consumer
Affairs.

                                             G. NURSE

                                    Secretary to His Excellency

                                           The President

20th October, 1999.




              2127

                             APPOINTMENT TO ACT AS MINISTER OF HEALTH

IT IS HEREBY NOTIFIED for general information that His Excellency the President, acting in accordance with
the advice of the Prime Minister, in exercise of the power vested in him by subsection (2) of section 79 of the
Constitution of the Republic of Trinidad and Tobago, has appointed MR. HARRY PARTAP, a Member of the
House of Representatives, to act in the Office of the Honourable Dr. HAMZA RAFEEQ, Minister of Health, with
effect from 21st October, 1999 and continuing during the absence from Trinidad and Tobago of the said the
Honourable Dr. Hamza Rafeeq, M.P., in addition to the discharge of his normal duties.

                                             G. NURSE

                                    Secretary to His Excellency

                                           The President

20th October, 1999.




            2128

                          APPOINTMENT TO ACT TEMPORARILY AS A MEMBER OF THE SENATE

IT IS HEREBY NOTIFIED for general information that, under the provisions of section 40(2)(c) and section 44 of
the Constitution of the Republic of Trinidad and Tobago, His Excellency the President, has appointed MR.
KENNETH AYOUNG- CHEE to be temporarily a Member of the Senate, with effect from 26th October, 1999 and
continuing during the absence from Trinidad and Tobago of Senator PHILIP A. F. MARSHALL.

                                             G. NURSE

                                    Secretary to His Excellency

                                           The President

22nd October, 1999.           `
966                                                            TRINIDAD AND TOBAGO GAZETTE
[October 26, 1999]
2129

                                 ASSIGNMENT OF RESPONSIBILITY TO MINISTERS

IT IS NOTIFIED for general information that His Excellency the President, in exercise of the powers vested in him under
the provisions of the Constitution of the Republic of Trinidad and Tobago, acting in accordance with the advice of the
Prime Minister, has assigned to the following Ministers the Amended Schedule of responsibility for the Ministries and the
Business and Departments of Government as hereunder, with effect from 22nd October, 1999:

          Minister                      Business and Department of Government
          Designation

       The Honourable              Office of the Prime Minister                               Prime Minister
       BASDEO PANDAY, M.P.         Cabinet
                                   Constitutional Matters
                                   Audit Matters
                                   Public Holidays
                                   National Awards
                                   National Quality Council
                                   National Security Council
                                   Public Concerns/Enquiries
                                   Policy and Performance Review
                                   Sport and Culture Fund
                                   Information
                                   Communications
                                   Telecommunications
                                   Information Technology
                                   National Information System Centre


                                   Statutory Boar-
                                   Telecommunications Authority
                                   Board of Film Censors


                                   Designated Majority Owned Interests
                                                              rk
                                   National Broadcasting Netwo Limited




       The Honourable              Ministry of the Attorney General and Legal Affairs         Attorney General and
       RAMESH LAWRENCE             Legal Adviser to the Government                            Minister of Legal Affairs
       MAHARAJ M.P.                Legislative Drafting
                                   Civil Litigation
                                   Criminal Litigation
                                   Office of the State Solicitor
                                   Appointments to Quasi Judicial Bodies
                                   Law Revision
                                   Law Reform
                                   Official Receiver
                                   Provisional liquidator
                                   Registrar General
                                   Administrator General
                                   Copyright
                                   Patents
                                   Trade Marks
                                   Intellectual Property
                                   Public Trustee
                                   Liaison
                                   Registrar of Companies
                                   Rent Restriction
                                   Statutory Boards and Similar Bodies
                                   Law Commission
                                   Council of Legal Education
                                   Industrial Court
                                   Legal Aid and Advisory Authority
                                   Rent Assessment Board


                                                                                                       G. NURSE

                                                                                             Secretary to His Excellency

22nd October, 1999.                                                                                 The President




[October 26, 19991                                          TRINIDAD AND TOBAGO GAZETTE
967
2130

                                  ASSIGNMENT OF RESPONSIBILITY TO MINISTER- CONTINUED

IT IS NOTIFIED for general information that His Excellency the President, in exercise of the powers vested in him under
the provisions of the Constitution of the Republic of Trinidad and Tobago, acting in accordance with the advice of the
Prime Minister has assigned to the following Ministers responsibility for the Ministries and the Business and Departments
of Government hereinafter mentioned, with effect from 22nd October, 1999:

          Minister                      Business and Department of Government                       Designation

          The Honourable           Ministry of Education                                     Minister of Education
          KAMLA PERSAD-            Pre-School Education
          BISSESSAR, M.P.          Secondary School Education
                                   Adult Education
                                   Teacher Education
                                   Physical Education in Schools
                                   Primary School Education
                                   Technical and Vocational Education and Training
                                   Educational Counselling and Guidance
                   Continuing Education
                   Registration of Private Education Institutions
                   School Nutrition Programme
                   Special Education
                   School Library Services
                   Library Services and Libraries


                   Statutory Boards and Similar Bodies
                   National Commission for UNESCO
                   National Library and Information Services


The Honourable     Ministry of Tourism                                  Minister of Tourism
Dr. ADESH NANAN,   Tourism
M.P.
                   Hotel Development


                   Statutory Boards and Similar Bodies
                   Chaguaramas Development Authority
                   Trinidad and Tobago Hospitality Training Institute


                   Designated Majority Owned Enterprises
                   Tourism and Industrial Development Company Limited
                   Caribbean Hotel Development Limited


Senator the        Ministry of Finance                                  Minister of Finance,
Honourable,        Planning and Development                             Planning and t
BRIAN KUEI TUNG    Actuarial Services                                   Development
                   Budgeting/Budgetary Control
                   Consolidated Fund
                   Customs and Excise
                   Inland Revenue
                   Capital Repayments
                   Insurance
                   Fiscal Policy and Monetary Policy
                   Banking (Central and Commercial)
                   Borrowing (Local and Foreign)
                   International Financing
                   Loans
                   Localization
                   Pensions and Gratuities
                   Post Office Savings Bank
                   Project Financing Programme
                   Economic Management
                   Special Funds
                   Finance
                   Tenders and Contracts
                   National Insurance
                   Valuation
                      Investments
                      Government Investments
                      N.I.B. Investments
                      Divestment




968                                            TRINIDAD AND TOBAGO GAZETTE
[October 26, 1999]
2130-Continued

                      ASSIGNMENT OF RESPONSIBILITY TO MINISTERS- CONTINUED

          Minister                 Business and Department of Government
                                      Designation

        Senator the   Planning and Development                             Minister of Finance,
        Honourable    Economic Planning and Development                    Planning and
        BRIAN KUEI    Technical Co-operation-Projects and programmes       Development
        TUNG-Cont'd   Technical Co-operation-Human Resource
                      Development (Policy)
                      Technical Co-operation-Training and Re-training
                      (Policy)
                      Human Resource Planning
                      Manpower and Manpower Planning
                      Population
                      National Statistics
                      Science, Technology and Tertiary Education
                      Statutory Boards and Similar Bodies
                      National Lotteries Control Board
                      Central Tenders Board
                      N.I.S. Appeal Tribunal
                      National Insurance Board
                      Planning and Development
                      NIHERST
                      CARIRI
                      University of the West Indies

                      Designated Majority Owned enterprises
                      Investment Recoveries Company Limited
                      National Insurance Property Development Company
                      Limited
                      Trinidad and Tobago (BWIA International)
                      Airways Corporation (Old BWIA,)
                      Designated Minority Interest Companies
                      Caribbean Investment Limited
                      Maritime Life (Caribbean) Limited
                      First Citizens Bank (FCB)
                      First Citizens Holdings Company
                               Taurus Services Limited
                               Trinidad and Tobago Development- Finance Company
                               Limited
                               Trinidad and Tobago Mortgage Finance Company
                               Limited


        The Honourable         Ministry of Agriculture, Land and Marine Resources     Minister of
        TREVOR SUDAMA          Agriculture                                            Agriculture, Land and
        M.P.                   Agricultural Marketing                                 Marine Resources
                               Agricultural Land and Development and Distribution
                               Forestry, Parks and Open Spaces
                               Horticulture
                               Food Production
                               Fisheries and Marine Exploitation
                               (Fish and Other Living Resources)
                               Land Reform
                               Statutory Boards and Similar Bodies
                               Agricultural Society of Trinidad and Tobago
                               Zoological Society of Trinidad and Tobago
                               Cocoa and Coffee Industry Board
                               Designated Majority Owned Enterprises
                               National Agricultural Marketing Development Company
                               Limited
                               Caroni (1975) Limited
                               TANTEAK (Trinidad and Tobago Forest Products
                               Company Limited)
                               Agricultural Development Bank of Trinidad and Tobago
                               Non-Parell Estates Limited
                               Designated Minority Interest Companies
                               Caribbean Food Corporation


October 26, 1999]                   TRINIDAD AND TOBAGO GAZETTE
969
2130-Continued

                         ASSIGNMENT OF RESPONSIBILITY TO MINISTERS- CONTINUED

        Minister                    Business and Department of Government                    Designation

        The Honourable         Ministry of the Environment                            Minister of the
        Dr. REEZA              Environment                                            Environment
        MOHAMMED, M.P.         Pollution Control
                               Coastal Erosion
                               Statutory Boards and Similar Bodies
                               Institute of Marine Affairs
                               Environmental Management Authority


        The Honourable         Ministry of Training and Distance Learning             Minister of Training
        Dr. RUPERT             Educational Broadcasting '                             and Distance
          GRIFFITH, M.P.            Training and Re-training, Human Resource                     Learning
                                    Development
                                    Distance Learning
                                    National Apprenticeship System (NAS)
                                    Youth Training and Employment Partnership
                                    Programme (YTEPP)
                                    Government Printing and Stationery
                                    Statutory Boards
                                    National Training Agency
                                    Board of Industrial Training
                                    Designated Minority Interest
                                    Metal Industries Company Limited


                                                                                                          G. NURSE

                                                                                                 Secretary to His Excellency

22nd October, 1999.                                                                                    The President




2131

                                         ASSIGNMENT OF RESPONSIBILITY TO MINISTERS

IT IS NOTIFIED for general information that His Excellency the Pr esident, acting in accordance with the advice of the
Prime Minister, in exercise of the power vested in him by section 76(3) and section 79(l) of the Constitution of the
                                                                                                   nd
Republic of Trinidad and Tobago, has appointed SENATOR LINDSAY GILLETTE, a Minister, a assigned to him
responsibility for such duties in the office of the Prime Minister as may from time to time be6 specified by the Prime
Minister, with effect from 21st October, 1999.

                                                                                                          G. NURSE

                                                                                                 Secretary to His Excellency

21st October, 1999.                                                                                   The President




2132

IT IS NOTIFIED for general information that His Excellency the President, acting in accordance with the advice of the
Prime Minister, in exercise of the power vested in him by section 76(3) and section 79(l) of the Constitution of the
Republic of Trinidad and Tobago, has appointed SENATOR TOTA-MAHARAJ, a Minister, and assigned to her
responsibility for such duties in the Ministry of Health as may from time to time be specified by the Minister of Health, with
effect from 22nd October, 1999.

                                                                                                          G. NURSE

                                                                                                 Secretary to His Excellency

22nd October, 1999.                                                                                    the President
2133

IT IS NOTIFIED for general information that His Excellency the President, acting in accordance with the advice of the
Prime Minister, in exercise of the power vested in him by section 79(l) of the Constitution of the Republic of Trinidad and
Tobago, has assigned to the HONOURABLE DR. MORGAN JOB, M.P., responsibility for such duties in the Ministry of
Finance, Planning and Development, as may from time to time be- specified by the Minister of Finance, Planning and
Development, in addition to his present duties as Minister of Tobago Affairs.

                                                                                                       G. NURSE


                                                                                             Secretary to His Excellency

                                                                                                    the President

22nd October, 1999.

				
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