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McFarlane steps aside...for now
Published: 4 May 2009
Controversial Integrity Commission appointee Jeffrey McFarlane has withdrawn his participation in the deliberations of the body until his status is resolved, sources disclosed yesterday. McFarlane is the executive director of the National Insurance Board and serves on the boards of NIB subsidiary, Nipdec, and on the Home Mortgage BankWhen the four members of the Integrity Commission sat down to meet at the Commission’s offices in the Unit Trust building in downtown Port-of-Spain this morning, McFarlane asked to make a statement, sources said.
In the statement, McFarlane indicated that he would take no part in the deliberations of the Integrity Commission while his status was unsettled. The sources added that McFarlane suggested that the Commission should get legal advice on whether he is legally permitted to serve. The Commission agreed and requested the legal advice from attorney, Christopher Hamel-Smith (SC), who is on its panel of attorneys. “We requested the legal advice even though the language is clear as we felt that we needed to be advised by someone who was not on the Commission,” said the source.
The Commission expects to have the advice in time for its second meeting on Thursday and it is expected that it will communicate with McFarlane after the meeting. The appointment of the current Integrity Commission has been mired in controversy as one of the appointees, retired Appeal Court judge Zainool Hosein, resigned hours after his appointment. He complained that he had not been appointed as the deputy chairman of the Commission by the President as Hosein said he had been promised. Opposition MP, Kamla Persad-Bissessar, and others have also cited the fact that the Integrity in Public Life Act specifically prohibits a person in public life from service as a member of the Integrity Commission to question McFarlane’s appointment.
In a letter to the nation’s President yesterday Persad-Bissessar pointed out that Section 4 (5) of the Act states: A person shall not be qualified to hold office as a member of the Commission where he is a person in public life or a person exercising a public function.”
The schedule of the Integrity in Public Life Act includes among those defined as being persons in public life, “members of the board of all statutory bodies and State enterprises, including those bodies in which the State has controlling interest.” President George Maxwell Richards is on vacation until May 25.
Normal practice is that he
Normal practice is that he has to wait at least a year after leaving such positions as he now holds before becomong eligible to serve.
But why is there no open competitions for at least some of the places on these Commissions?
Even those least involved in
Even those least involved in legal and political matters have become convinced that the law remains in the books and the books remain closed and under guard by the politicians.
This is a controversity that
This is a controversity that should never have happened. But it has and there are many villains here. I believe that Pres. Maxwell Richards was poorly served by his "legal advisors" who should know the laws of the land and therefore should have informed Pres. Richards of this obvious "conflict of interest" when Jeffery McFarlane's name came up as a recommended member for this Commission. I believe that even a blind man could "see" the perils of placing someone like Mr. McFarlane to this positiion. The other villian is whoever nominated Mr. McFarlane for the post. If this was the PM, then he too has no integrity and is prepared to "flaunt the laws of the land." He wanted "his man" and he got him; everybody else be damned.
I am sure that everyone has noticed that the PM has not made any public statements about this fiasco since it erupted a few days ago and the President has gone off on a 3 week vacation to let things die down in the press as they all know that news to Trinbagoians are a nine (9) day wonder story and then we move on to the next thing. If people really want to change this, then they need to break that cycle and keep the pressure on the politicians to replace Mr. McFarlane or force him" to see the light" and tender his resignation upon return of the President, if not before.
Mr. McFarlane may be a man of impeccible integrity. But the law, in my humble opinion is very clear here and as such, Mr McFarlane cannot be serving on these "state boards" (NIB, Nipdec" Home Mortgage, etc) and still serve on the Integrity Commission too. If people who serve on these boards/agencies are subject to the IPLA, as he is, then how can he be "watching himself"? There are too many opportunities for corruption and the temptation(s) is/are too great. For a country of 1.3 million people, you can't tell me that he is the only person left to be recommended to serve on this Constitutionally mandated commission. We can do better than this.
Hours after he was sworn
Hours after he was sworn in...
‘Integrity’ member quits
Francis Joseph | 10:22 pm
Published: May 2, 2009
Submitted by LisaTS on 2 May 2009 - 10:40pm.
"Mr. McFarlane in the first place should not have accepted his appointment, but had to get his picture in the paper, lack of moral principles and professional standards"
I saw this one coming...
If MacFarlane had any
If MacFarlane had any integrity, he would resign .
I have a question, how come
I have a question, how come all these people (Teshiera,MacFarlane, Manning et al) have no idea what is a conflict of interest?
It is an excellent way to
It is an excellent way to begin the delay of the work of the Integrity Commission.
One could see the delay stretching on for another 6 months as Mc Farlane may seek to defend his good name.
The Plot Thickens
The Plot Thickens
Did you notice the haste to push through Integrity Legislation that would make it more difficult to go after those who break the law? While the opposition playing the fool the Government moving fast to plug the holes. They could move real fast when they ready. While the Equal Opportunity Law, Breathalyzer Law etc languishing.
The Statute is crystal clear
The Statute is crystal clear on the characteristics of persons who shall not be appointed.
The characteristics of McFarlane match those of persons who are excluded - according to Persad-Bisessar's quotation of the IPLA [the latest amendment to the IPLA 2000 is nowhere to be found on the internet].
Assuming that Mrs Persad-Bissessr is correct - and I have no reason to doubt here competence or accuracy - McFarlane's appointment and mere presence on the Commission is in breach of the law.
There is now a Constitutional Crisis because the Head of State has ipso facto breached the law - a violation of the 'Rule of Law' principle. One need not be legally qualified to form such a reasonable opinion. The law and the facts are abundantly clear.
McFarlane should display some 'integrity' and resign forthwith. All others who have caused or contributed to this unpardonable rent in the fabric of our democracy should also resign forthwith.
The Integrity Commission is
The Integrity Commission is making a mistake to seek the advice of its attorneys in the matter. The President made the appointments on the advice of The PM and Leader of the Opposition, although the latter churlishly pretended to have misplaced the notification seeking his input. The President therefore was acting on advice, all advice from all sources having been cleared one takes it, by knowledgeable attorneys.
The Commission knows McFarlane is legally permitted to serve, he having been appointed by the President. If they seek advice from their attorney, then they are obviously questioning the legality of McFarlane's Presidential selection. In other words, they are openly questioning the Integrity of the President, and nothing else, it seems.
But they are not so audacious. McFarlane is a member of the Commission. Who says so? The President. Now McFarlane feels something does not look right about his participation and demurs, albeit temporarily, since he only awaits some indication that his status is definitely legal. He is wise.
He is legally allowed because the President says so. He should not have been considered because he "is a person in public life or a person exercising a public function". But Richards and the PM made the decision (without Panday?), so McFarlane should serve. That is, Until the Constitution is respected, or Manning's new Constitution makes the required changes to bypass laws of the Integrity in Public Life Act, Section 4.5.
GrantAdamsCares
Mr.Jeffrey McFarlane is
Mr.Jeffrey McFarlane is employed by the NIB as an executive director and as such , if he wants to avoid a conflict of interest , he should resign from the NIB and also from the the two other state boards of which he sits as a director . It is clear that McFarlane is a PNM supporter and the Prime Minister is very please with him . Grant , how can you say that the appointments were made with the advice of the PM and Leader of the Opposition when you know that Panday did not give his advice to the President on these appointments ?? In addition , Calder Hart is the chairman of the three state boards of which McFarlane sits on , plus the Urban Development Corporation of Trinidad & Tobago , which is being investigated . Finally , you said that McFarlane is wise but I think that he will be partial to his PNM benefactors . ATW - Barbados .
Dear Wiggins. Note the
Dear Wiggins.
Note the mention about Panday, firstly misplacing the letter and so not giving approval, and secondly, with a big question mark in brackets after his name. How could you miss that? It means Panday messed up.
Then also, my saying MacFarlane is wise, is not an opinion of mine, but a tongue-in-cheek statement emanating from his single demurral. Note further, I said he is only waiting for the matter to be cleared. The wisdom is a temporary thing, if you follow.
My conclusion is just like yours, he is not qualified to be a member. It is written in the last paragraph. But not because he is PNM. That is a red herring. Everyone in TnT is political and supports a party. Would you prefer he was not political (that is impossible in TnT), a COP, UNC-A, UNC-BCDEF, hindu, christian, muslim, etc etc?
Hope this clears your misconception. Otherwise I agree with your stance. Keep it up Sir.
GrantAdamsCares
Conflicting
Conflicting
Mr Daly, Mr Lalla and Mrs Bisessar all have different opinions, what do they know, a set of stupid bush lawyer.
What utter rubbish from
What utter rubbish from "Fairplay"
It appears that he, she or it is the dotish one and not the three highly respected attorneys.
"Fairplay," why don't you get a bush bath, then you would see the issue beyond your "bush lawyer" name calling?
But perhaps even that would not help you, as your eyes seem to be at the back of you head.
Oh sooooo touchy.
Oh sooooo touchy.
Humor
Humor
The statement was tongue in cheek, sarcastic, a joke. Quite an Interesting response though. I am quite aware of the caliber of these learned people.But I like the idea of a bush bath.
Fairplay check me out, maybe
Fairplay check me out, maybe I could help with the bush bath...lol
Cool
Cool
But for me and the whole of Upper and Lower Houses.
Are you telling me one man
Are you telling me one man has four jobs while others cannot even hold one? Something is wrong with this picture. And something is wrong with the race factor, even a blind man could see that! Hope someone can open their eyes and read between the lines.