Statement by Prime Minister on Constitutional Reform

Speech

January 9 2009

Statement by the Honourable Patrick Manning Prime Minister of Trinidad and Tobago on laying in Parliament of a Working Document on the Reform of the Constitution of the Republic of Trinidad and Tobago January 9th 2009

Mr. Speaker,
I am thankful for today's opportunity to make this second and most important statement, on behalf of the Cabinet, to this Honourable House and the nation.

Background
During the period 1995-2001, the People's National Movement was in Opposition. But we were neither fractious nor idle. During our more than half a century of service to Trinidad and Tobago, we have always considered it our inescapable duty, whatever our political fortunes, to serve the best interests of our nation at all times. Therefore, with seriousness and sobriety, we took the opportunity of that period to take stock, both of our selves and the country.

We reviewed the development path of Trinidad and Tobago and assessed the prospects for the future. It quickly became very clear to us that the future would be very bright if we could fashion a vision that would harness all our potentials and possibilities towards the next giant step forward. After deep deliberations we determined that the vision had to be the transformation of Trinidad and Tobago into a developed nation by the year 2020. On April 30th 2000, meeting in Special Convention, the People's National Movement adopted this new vision and we then began the preparation to take this new and exciting message to the people of Trinidad and Tobago.

We did this with vigour and conviction and made this vision the main issue in our manifestos and on our platforms in all subsequent elections. We succeeded in persuading the national community that this was the way forward for Trinidad and Tobago. In the General Elections of 2001, 2002 and 2007, the PNM was repeatedly returned to Office and with ever increasing majorities. We have undoubtedly been given a strong and continuing mandate to pursue the transformation of Trinidad and Tobago into a developed nation.

Based on this mandate, on our return to office in 2001, we set up a national committee of all stakeholders to further flesh out the vision. After three years of consultation and deliberations at all levels in Trinidad and Tobago, this committee produced the Vision 2020 Draft National Strategic Plan which was accepted by Cabinet and which has been guiding the government's policies and programmes ever since.

Mr.Speaker, this document articulates the vision in this way:

"By the Year 2020, Trinidad and Tobago will be a united, resilient, innovative, productive and prosperous nation

With a disciplined, caring, fun-loving society, comprising healthy, happy and well-educated people and built on the enduring attributes of self-reliance, respect, equity and integrity

In which every citizen has equal opportunities to achieve his/her fullest potential

All citizens enjoy a high quality of life, where quality health care is available to all and where safe, peaceful and environmentally friendly communities are maintained

All citizens are assured of a sound relevant education system tailored to meet the human resource needs of a modern, progressive, technologically advancing nation

Optimum use is made of all the resources of the nation

The family as the foundation of society contributes to its growth development and stability

There is respect for the rule of law and human rights and the promotion of the principles of democracy

The diversity and creativity of all its people are valued and nurtured."

As you can see Mr. Speaker, it is a comprehensive vision that takes into account the progress and development of every citizen of our beloved country and projects a future of sustainable prosperity and security for our nation.

But we didn't stop with the vision. We went further and determined the path towards achievement of our goal. Towards this end, we established five pillars as being absolutely essential for this important national enterprise. These are :

• Developing innovative people;
• Nurturing a caring society;
• Enabling competitive businesses;
• Investing in sound infrastructure and environment; and
• Promoting Effective Governance

We have been taking action with significant success on all these fronts during the last seven years. However, on this occasion, it is to Pillar No. 5, promoting effective governance, that I wish to turn my attention.

The comprehensive approach
Mr. Speaker, after almost half a century of development in a constantly evolving international environment, it is inevitable that we should seek to modernize the way our society is governed. Our citizens, with justification, are demanding increasingly higher standards of governance that must produce greater efficiency, transparency, accountability and effectiveness at all levels of operation in our society. It is clear that there is general agreement on the need to improve the systems of governance in the Republic of Trinidad and Tobago.
Mr. Speaker, our acceptance of Pillar No.5 effectively commits us to a review of our governance systems at all levels local, national, regional and international. We are also committed to paying attention to the special case of Tobago.

At the international level, with the purpose of modernising our foreign policy , we held a conference of our Heads of Missions in December 2006 from which emerged a technical team of Ambassadors and other Foreign Ministry personnel under the leadership of a distinguished citizen of Trinidad and Tobago, an expert in international relations, Professor Jacqueline Braveboy-Wagner of City University of New York. As a result of this process, a document was produced in October 2007. This document, inter alia, mandates that we now place greater emphasis on pursuing the economic interests of Trinidad and Tobago in the global arena.

A review of our international systems of governance and commits us to a re examination of the international agencies like the International Monetary Fund, the World Bank, the World Trade Organisation, the Inter-American Development Bank, the United Nations and the Organisation of American States. We must, for example ensure that these become more effective in advancing the interests of all members of the international community, especially those of the developing world.

We also continue to reorient our foreign service personnel in the new direction which includes particular attention to the field of energy, bearing in mind that whilst with oil, we are essentially price takers, we are not in that same position with respect to natural gas. Indeed we are the only LNG exporting nation in the western hemisphere, the reward of a position we took in our administration of 1991-1995. We must therefore do what is necessary to preserve our economic advantage in this area, as natural gas becomes increasingly important in shaping global relations.

At the regional level, with our CARICOM partners, we have already established the Single Market by 2006 and are now pursuing the attainment of the Single Economy by 2015. Most significantly, there is now a new initiative in the Eastern and Southern Caribbean, led by Trinidad and Tobago, designed to take the integration movement a quantum step forward through the establishment of a single economy by 2011 and political integration by 2013 among nations in this sub-region. A team of distinguished Caribbean scholars has been studying this proposal. This team is led by Professor Vaughn Lewis, former Prime Minister of St. Lucia and includes Dr. Cuthbert Joseph of Trinidad and Tobago, Dr. Wayne Sandiford, Professor of Economics, St. George's University, Grenada, Mr. Earl Huntley Representative of the Caribbean Community and Independent Senator Professor Velma Newton of Barbados. The team will shortly conclude its consultations on this matter and present a report for the consideration of governments and of course the people of the Caribbean Community.

At the Local Level, the matter of Local Government reform has been on the agenda for some time. On October 29th 2004, after extensive consultations, a Green Paper on reform was laid in this Honourable House and published for further comment. The consensual issues and positions that emerged from the Consultations were reported to Cabinet in August 2005 together with the findings and recommendations of the Local Government Inter ministerial Transitional Task Force (LGITTF) on functions and responsibilities to be decentralized to Local Government Bodies. The Cabinet agreed that a Revised Green Paper be produced incorporating both reports. In April 2006, a draft of this document was presented to Cabinet and found acceptance.

The revised Green Paper was eventually published as a draft White Paper opening the way for further national debate on this issue. Consultants were then retained to bring further expertise to the process to help translate the policy of the Draft White Paper into an action plan including legislation and recommendations for the structure of Local Government.

But Mr. Speaker what emerged from the entire process was a major divergence of views on the roles and responsibilities of Local Government. This is the reason for the postponement last year of the Local Government Elections. We clearly needed to review this aspect of the process and this necessitated the publication of a new Green Paper specifically on the role and responsibilities of Local Government. This was done last year and fifteen consultations, including one for Local Government staff, were held throughout the country. New recommendations will shortly be considered by the Cabinet, after which we will conclude all other considerations, including legislation, to facilitate the conduct of Local Government Elections, on time, in 2009.

At the national level, Mr. Speaker, as Honourable Members are aware, the fundamental matter of constitutional reform has been engaging the attention of the national community in an increasingly vigorous way. I now wish to examine this matter in some detail.

Recent History on the Matter of Constitutional reform
It is important to trace the recent history of this important process. Honourable Members will recall the draft of a new constitution prepared by the Principles of Fairness Committee, a group of leading and distinguished citizens of this country. This document was circulated, discussed and reflected upon by commentators in the media. The government also examined this draft very carefully.

At the same time, as I indicated on an earlier occasion to this Honourable House, our Administration had embarked on the process of having a draft prepared of a new constitution for the country.

This draft was written by Sir Ellis Clarke, former President of the Republic and someone of considerable experience in this field. I want to emphasise that it was done, without any directions from the either the Prime Minister or the Cabinet. I laid this draft in Parliament and in doing so, made it quite clear, that whilst the document reflected some of the thinking of my Administration, it was not to be considered as Government policy. The intention was that it would join other ideas and documents as part of the ongoing national debate on this critical issue. We wanted to stimulate as much national discussion as possible on the way forward.

In laying the aforementioned draft , I expressed our appreciation to the civic-minded citizens of the Principles of Fairness Committee and observed that with these two significant documents, we had the basis for more informed dialogue, meaningful comparison and deep analysis on this matter of pivotal importance to the future of our nation. I then urged all citizens to read and ponder on both documents with great care.

Mr. Speaker, in laying the draft by Sir Ellis Clarke, I considered it appropriate to point out some of the main proposals for reform contained in the document and pointed, in some detail, to the four main areas dealing with:

• The Presidency;
• The Parliament;
• The Judicial system; and
• The Cabinet

I also dealt then with other suggestions in the Draft pertaining to, inter alia:

• improved fundamental rights,
• a modern and more effective system of local government,
• emergency provisions,
• the Office of the Ombudsman, and
• the Integrity Commission.

I pointed out that a serious reading of the document was necessary to get a full knowledge of all the recommendations and to grasp the thinking behind their creation. I urged all responsible citizens to become thoroughly acquainted with the contents of this document, if they were to contribute meaningfully to the national dialogue on this fundamental issue.

National discussion and consultation
In fact, Mr. Speaker, we provided the opportunity for greater national discussion. We established a round table dialogue chaired by the Prime Minister. Thirty-one meetings of this round table have been held, the first on 22nd. September 2006 , and the last, recently, on January 6th, 2009 which completed the process.

Mr. Speaker, the role of the round table was to bring together the best expertise in the country with the political directorate to discuss, assess, analyse and chart the way forward, taking into account the views of the people which were being brought to the table by the process of national consultation that was being held at the same time. This represented a very different approach to two previous attempts at constitutional reform, one in 1972 and the other in 1987 both of which, we can now say with assurance, were fundamentally flawed. This is because they did not involve the politicians at the very start of the process. What was presented in those two attempts were the views of the technocracy, largely uninfluenced by the ideas of practicing politicians of long standing and who, with their hands- on experience, would have been in the best position to bring the level of pragmatism, practicality and applicability to an undertaking of this nature.

Constitution reform cannot be a purely cerebral exercise. It must be related to history, experience and existing realities, all of which vary from country to country. There is then no one size to fit all and the emergence of a unique product is inevitable, if we are to fashion the appropriate national vehicle for taking this country forward. We are convinced that our approach will take us to this goal. Key players, including politicians, were involved from the very start.

As I indicated, it also included the people because simultaneous with the deliberations of the round table, we embarked on one of the most important aspects of this entire exercise- consultation with the citizens of Trinidad and Tobago.

Participants in the round table included Sir Ellis Clarke, Mr. Tajmool Hosein T.C., S.C, and Professors Emeritus Selwyn Ryan, John La Guerre and John Spence. Dr. Hamid Ghany of the Principles of Fairness Committee, subsequently also joined the round table and his first meeting was on January 15th 2008.
At the political level members of the Round table included Ministers from two administrations. From the previous Administration the Ministers were the Attorney General the Honourable John Jeremie, now High Commissoner to the United Kingdom, the Honourable Dr. Lenny Saith, the Honourable Camille Robinson-Regis, now High Commissioner to Canada, the Honourable Christine Sahadeo and the Honourable Conrad Enill. From the new Administration, the Ministers were the Attorney General, the Honourable Bridgid Anisette-George, the Honourable Dr. Lenny Saith, the Honourable Conrad Enill, The Honourable Karen Nunez-Tesheira the Honourable Christine Kangaloo, the Honourable Paula Gopee-Scoon and the Honourable Peter Taylor. Other members of the Round Table included Dr. Anselm London, Secretary Finance Enterprise and Development of the Tobago House of Assembly, Ms. Sandra Marchack, Head of the Public Service, Ms. Nicole Fernandes, Research Officer, and Mr. Samraj Harripaul, Legal Draughtsman and Ms. Thelma Nurse very competently provided secretarial services to the Round Table. It should also be noted Mr. Speaker, that two members of the Principles of Fairness Committee, Mr. Tajmool Hosein and Dr. Hamid Ghany, as well as Sir Ellis Clarke who prepared the first draft, were also part of the Round Table.

A sub-committee of the Round Table, led by Professors Ryan and La Guerre went into the national community, holding meetings all over the country to have dialogue with the citizenry on this most important development in their lives. Fourteen (14) public consultations were held on the following dates at various locations in Trinidad: The are viz

October 23, 2006 at St. Augustine;
October 26, 2006 at Point Fortin;
November 1, 2006 at the San Fernando;
November 8, 2006 at Arima;
November 10, 2006 at Sangre Grande;
November 11, 2006 at Princes Town;
November 14, 2006 at Chaguanas;
November 15, 2006 at Debe;
November 28, 2006 at Port of Spain;
November 29, 2006 at Siparia;
December 2, 2006 at Couva;
December 19, 2006 at El Dorado;
January 8, 2007 at Rio Claro;
January 11, 2007 at Mayaro.

In addition, two (2) more public consultations were held in Tobago on November 17, 2006 and November 18, 2006.

The sub-committee explained but did not defend the document. Its main goal was to ascertain the voice of the people; and it held as many meetings as it considered necessary, fielding questions from the citizenry and recording the comments and concerns.

Mr. Speaker, after completing the process of consultations with the citizenry, the round table then worked towards the finalization of a revised document which was completed on January 6 2009 and which I now have the honour to lay in this Honourable House. Mr. Speaker, the Cabinet also considered this latest draft and endorsed this approach at its regular weekly meeting held yesterday.

This document is the culmination of very intense work that produced eleven drafts in getting to this juncture. I wish to thank all who have contributed thus far to this effort, including all our citizens in the various communities who participated in the discussions. I pay special tribute to the Members of the Round Table for their wisdom and for their commitment to national development and alert them to the fact their expertise will still be required at an appropriate time in the process that is before us.

A working document
Mr. Speaker this is a working document on constitutional reform which I have laid on the table and which must now be the subject of further discussions and thorough examination at the national level. I wish to make it abundantly clear that though there are views and positions in this document to which both the government and members of the roundtable subscribe, there is no complete agreement by anyone on the document as a whole. All members of the Round Table agreed to participate in this exercise without prejudice to their personal views. The document does not represent a consensus on the part of those involved in formulating it. Not everybody has agreed on everything that is in this document. Indeed some may not agree with the document at all. In other words, everything is up for discussion; and the door is wide open for the additional views and further influence of the national community in determining this critical way forward. I must advise you Mr. Speaker that Professor Selwyn Ryan withdrew as a Member of the Round Table on October 20th 2008. By that time, he had attended a total of 20 meetings. We thank him for his contribution and wish him well.

The continuing process
I therefore wish that this working document be subjected to the utmost scrutiny. This draft will now be published for public comment and also be placed online, making it available to the widest possible audience. It is a discussion document and must become a great stimulant for an intense national debate. I ask all citizens to be thoroughly acquainted with its contents. I urge all to read, study and make your views known on this matter that is fundamental to the future of Trinidad and Tobago. The document is very user friendly with an explanatory note at the start, simply written, and containing all the major provisions of the document itself. Get hold of a copy when dissemination starts; read and get ready for the debate. Citizens should seize this opportunity to shape the destiny of Trinidad and Tobago.
I wish to suggest that in reading the document, particular attention must be paid to the following:

• the Presidency,
• the Parliament and its composition,
• the Parliamentary Committees,
• the Cabinet and Executive powers,
• the Director of Public Prosecutions,
• the Judicature and Final Appellate Court,
• the Service Commissions and
• the Bill of Rights.

These areas contain far reaching implications for how our country can be governed in the future and must be subjected to the most profound and rational analysis possible.
I wish to again underscore the need for all citizens to become actively involved in the debate. In addition to making the document available, the government will despatch a team of experts all over the country to discuss the document and to receive comments and suggestions from the population. We are encouraging all political parties to examine the document in great detail. We in the People's National Movement will be setting the pace with meetings and discussions in our party groups in the forty- one constituencies in Trinidad and Tobago because we want to ensure the best Constitution for the present and future development of our country.

All secondary schools and tertiary institutions must join the debate. I make a special appeal to the young people to get involved. You ought to have a special interest in this exercise. We are seeking here to chart the future and to provide you with a legacy of effective systems of governance so that there would be sustainable prosperity, stability and security in Trinidad and Tobago in this new century. You are therefore exhorted to discuss the issues with your parents, teachers and community leaders, as well as among yourselves. Attend as many meetings on this matter as possible. You have a unique opportunity to exercise your responsibility and make your voices heard.

I therefore look forward to the coming months of discussion. We must approach this national dialogue in a completely non-partisan way. All members of civil society have a duty to be intensely engaged in the process and I therefore urge the participation of all community, cultural, religious and social organizations in this exercise.

Special arrangements will be made for the participation of Tobago in this process, including consultations with the Tobago House of Asssembly. In any talk of constitutional arrangements, Tobago is a special case. Special attention will therefore be given to consultation with the people of the sister island.
In addition to the general national meetings, a separate consultation will be held on the special relationship between Trinidad and Tobago. In this regard, it should be noted that this document contains no proposals with respect to Tobago. Those proposals will be developed after the appropriate consultations with our citizens in the sister Isle. A major debate has been taking place for some time in Tobago and we propose to tap these views before formulating proposals.

Mr. Speaker, I am sure that by now it is clear that we will have an extended period of discussion on a new constitution for Trinidad and Tobago. My estimation is that it could be almost two years before we are able to finalise a document for the consideration of Parliament. The length of time, the depth of discussion and the participation by the citizenry are not only appropriate but very necessary, given the seriousness of this matter. Arising out of these deliberations, the Government will then produce a Green Paper for further public comment.

Conclusion
Today we have completed an important phase in this all-important process. Let us therefore now go forward to shape a new constitution for the Republic of Trinidad and Tobago, one that will serve us well in this twenty first century and beyond. But as we seek to effect change, let us be mindful of one inalienable fact. The basic and fundamental human rights and freedoms of all the people in our diverse society must not only be preserved, but strengthened. So thankfully entrenched are the principles of democracy in this country that our citizens will tolerate nothing less. Whatever changes we effect in our constitutional arrangements, we must continue to protect our country against any possible assaults on our freedoms or our belief in justice and equality for all the people of our beloved country.

Let us therefore never underestimate the gravity of this undertaking. It is one of the most important exercises since the attainment of the independence of this country. We must give it the serious attention it deserves. I urge all citizens to get involved. This is the inescapable responsibility of nationhood.

Special Thanks are also extended to Mr. Samraj Harripaul and Ms. Nicole Fernandes for their work on this project.

Thank you, Mr. Speaker.