The issue of Jack Warner holding the post of Fifa vice president while being in the Cabinet is not merely about law, but about ethics, about conventions, about setting a trend for holders of senior government positions. This is not about Jack Warner and Keith Rowley. It is not even about the People's National Movement and the People's Partnership, but rather about setting the appropriate political culture and establishing the right standards in what is a relatively new parliamentary and ministerial system. While Crown Colony government did not leave us exactly empty-handed, the challenge rests with this polity to develop and establish standards and conventions in the conduct of public office.
It is also not a matter of whether previous governments and ministers engaged in unethical practices and got away with them. This is about, according to one of the major themes of the People's Partnership, cultivating "new politics." Mr Warner has argued fervently that he is not interested in a salary or any of the perks of office. His suggestion is that only if he is in receipt of revenue from the State can there be a conflict of interest between the Fifa post and his ministerial position. Conflict-of-interest situations can arise with regard to an international body such as Fifa interacting with a government, including the staging of tournaments, qualification for tournaments, the procuring of goods and services and a range of other possibilities. All such dealings must be beyond suspicion of even the possibility of collusion.
In T&T's favour are Mr Warner's many and varied international contacts that could legitimately open a door in furtherance of country-to-country relations. At a personal level, Mr Warner's work ethic and his obvious ability to get things done are almost legendary. That could be both a boon for productivity and a shining example to other Cabinet members and the country. Significantly too are the demonstrated people skills held by Mr Warner. He could very well be the link needed to bring people into the business of governance. Nevertheless, the tradition here, as well expressed in the code of ethics of the Parliament, has been that when people accept ministerial positions, they have disengaged themselves from business, other interests and professional life. If Mr Warner were allowed to start a new trend of ministers and other senior public officials being involved in such a significant organisation as Fifa, where will this trend take the political and administrative culture?
How would the Prime Minister, if she allows Mr Warner to continue to hold the Fifa post, be able to say "no" if other ministers decide to follow suit? And this brings the issue to the point that inevitably, beyond the strict legality of the issue, it is Prime Minister Persad-Bissessar who will have to make a determination on whether Mr Warner stays in Cabinet or not. During the election campaign, the People's Partnership never failed to point the finger at what were instances of the PNM side-stepping appropriate behaviour. For instance, Mr Manning appointing his wife to the Cabinet and giving free reign to construction and energy czars. Not too different was a UNC government handing a telecommunications portfolio to a minister whose family was involved in the very business.
The basis on which Prime Minister Persad-Bissessar and her team campaigned and won office was that they would strive to be different in reality from the party they replaced–we would all rise to a higher level of integrity and transparency. In effect, the Prime Minister has three options: she can keep Mr Warner in Cabinet, thereby rejecting centuries of an established convention; she can relieve him of his Cabinet position and appoint him to an adviser or plenipotentiary post, or she can embark on a process of consultation aimed at changing or retaining the convention. Whatever the Prime Minister does, she should know that this is one of the decisions that will define her administration. She should, therefore, weight all the options and their consequences very carefully before coming to her decision.