Lead Editor- Newsgathering
chester.sambrano@guardian.co.tt
The Integrity Commission has rejected a complaint made by former People’s Partnership minister Dr Devant Maharaj, over the Cabinet paying the medical expenses of former People’s National Movement minister Maxie Cuffie.
In a letter dated November 24, 2023, the commission informed Dr Maharaj that it had no jurisdiction over the Cabinet.
The 17th commission, which assumed office in January 2021, said it had come across Maharaj’s complaint, filed on May 4, 2018, during an internal audit of all investigations filed.
“The Commission wishes to take the opportunity to express its apologies for the state of affairs but notwithstanding the delay, it is statutorily required to address the complaint,” it said.
It said in the Complaint, it is alleged, “that Mr Maxie Cuffie (‘Mr Cuffie’), the then-Member of Parliament for the constituency of La Horquetta/Talparo and the former Minister of Public Administration and Communications, was treated locally at the St Clair Medical Centre after falling ill on September 7, 2017, and was thereafter sent abroad for further medical treatment; That the Cabinet of the Republic of Trinidad and Tobago at the time (“the Cabinet”) made a decision to spend millions of taxpayers’ dollars on the domestic and foreign medical expenses of Mr Cuffie; That the said decision was in violation of the terms and conditions set by the Salaries Review Commission with respect to the medical benefits of Members of Parliament; and that the actions of the Cabinet in approving payments for the medical expenses incurred by Mr Cuffie may have constituted a material breach of the Constitution of the Republic of Trinidad and Tobago, Chapter 1:01 and Sections 23, 24 and 27 of the Integrity in Public Life Act. Chapter 22:01 (the IPLA).”
The commission outlined to Maharaj that pursuant to Section 32(1) of the IPLA, members of the public may submit written correspondence to it, where they wish to make allegations or complaints against people in public life or exercising public functions as defined by Section 2 of the IPLA.
It added that in accordance with Section 33 of the IPLA, the commission is empowered to consider and enquire into alleged breaches of the IPLA and/or any allegations of corrupt or dishonest conduct in relation to “persons in public life” and/or “persons exercising public functions”, either on its own initiative or upon a complaint lodged by a member of the public.
“Upon review of the complaint, the Commission has determined that it does not have a supervisory role over the overall Cabinet of the Republic of Trinidad and Tobago, since such entity, as a body, is neither a person in public life nor a person exercising a public function. The Cabinet would, therefore, not fall under the purview of the IPLA and would not be subject to the jurisdiction of the Commission. The Commission accordingly advises that it is constrained to reject the Complaint pursuant to Section 34A(1)(c) of the IPLA,” it said.
In response, Maharaj told Guardian Media that the Integrity Commission’s justification for rejecting his complaint was a narrow interpretation of the IPLA, since everyone who makes up the Cabinet is accountable to the Commission.
He said, “It defeats the spirit of the act.”
Maharaj felt that this now points to the fact that there needs to be amendments to the act due to what he saw as deficiencies. He was also concerned that it took the commission nine years to address his complaint.
In September 2017, Cuffie, the then-La Horquetta/Talparo MP and Minister of Public Administration and Communications, suffered a debilitating stroke and was out of Parliament for a year.
In February 2018, Prime Minister Dr Keith Rowley said Government had spent $2.5 million on Cuffie’s medical bills.