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“A SHAME AND A DISGRACE” was how Opposition Senator Jearlean John described an Independent Senator’s support for the Government to narrowly pass a bill to water down the procurement laws.
She spoke to Newsday on Wednesday.
On Tuesday night, by a margin of just one vote, the Senate passed the Public Procurement and Disposal of Public Property (Amendment) Bill 2020 to alter the original 2015 parent act.
Independent Senator Dr Maria Dillon-Remy voted with the Government for the bill to be passed by 16 votes for, with six against and eight abstentions, thus scraping togethera simple majority in the 31-seat chamber.
Despite repeated efforts on Wednesday, Newsday was unable to contact Dillon-Remy.
Critics complained the bill will exempt government-to-government deals and private-public partnerships from being scrutinised as they would have been under the 2015 Procurement Act. The bill more widely excludes "legal, financial, accounting and auditing, medical and any other service as the minister may by order determine (subject to Parliament's scrutiny)."
John said Tuesday night had been an opportune moment to act properly but individuals with the power to do something had failed to do so.
“We can’t be complaining about something and when there is the opportunity to do something about it and when you have the power do something, when the moment calls, you cannot then not do something.
“Even abstention is a cop-out,” she said, “because it was very clear what was happening and what the Government was doing by having those amendments.”
She said lots of good business people such as contractors had been publicly begging to be regulated by procurement legislation so as to avoid any stain on the name of local business.
“For me it should have been our finest hour. We should have all come on Tuesday to do what is right for the people of Trinidad and Tobago.”
She reflected on some senators: “All this throwing up your hand and playing you are Caesar’s wife. You ain’t no Caesar’s wife.
“I think it is a shame and a disgrace that there were people who decided to endorse what this Government is doing very openly.”
Saying the Government had bought boats outside the procurementAct and shut Petrotrin without explanation, she said it was acting as if it had unlimited power.
“They are legislating to give themselves the opportunity to do what they want. That is wrong.”
As for the Independents, she said they had not got into the Senate under their own steam but to represent the people.
John felt the Government had browbeaten senators, although she made it clear the Opposition had not lobbied anyone, referring to Independent Senator Paul Richards’ claim of receiving “hardcore lobbying from all sides” of the debate.
“He got no lobbying from the Opposition. We went there to act on behalf of the people, and we expected our colleague senators who are independent to have acted in that way. We had expected the Independent senators to act right.
"We didn’t have to ask anybody because we felt we were all there for the good of this country. We had expectations. I didn’t think we’d have to second-guess.”
Opposition Senator Jayanti Lutchmedial told Newsday that despite disappointment at the result of the vote, it was not likely the Opposition would now challenge its validity in the courts.
Newsday asked if the bill’s constitutionality could be challenged in court for affecting property rights, which some say needs a special majority, not the simple majority the bill got on Tuesday.
Lutchmedial said that in general, public-interest litigation does not occur much to uphold section four constitutional rights. And only when the legislation takes effect can someone argue in court that their rights are personally affected, she explained.
“But we’ll be watching and waiting,” Lutchmedial added.
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