The Government is appointing a commission of enquiry into the financial crisis at CL Financial and also the Hindu Credit Union, Prime Minister Prime Minister Kamla Persad-Bissessar announced yesterday. "This (CLF) is a scandal of monumental proportions. The root causes of this financial collapse must be fully ventilated. The persons deemed responsible must be held accountable," Persad- Bissessar said in a statement to the House of Representatives. She also explained why the Government had pulled back from presenting a bill to block legal action against Clico.
She said the new administration did not want to use its parliamentary majority to deprive citizens of their right of access to the courts. Persad- Bissessar spoke after the Cabinet on Thursday decided at the eleventh hour not to present a bill to block citizens from taking legal action on the Clico dilemma.
She said after extensive Cabinet discussions, the Government had decided not to proceed with the proposed legislation which had already been sent to the Parliament on Tuesday. Persad- Bissessar said: "We made the choice that we will not proceed with that bill because we were not of the view that we should use our special majority in the Parliament to deprive citizens of their right of access to the courts. "It was laid in the Parliament on Tuesday, I believe–after the (Cabinet) meeting on Monday–under the understanding that further amendments would be made and finalised at Thursday's Cabinet meeting. "At Thursday's Cabinet with more information that came to us, we decided we would explore other options. So we did not want to use our majority. "For the first time we would have been using such a majority simply to deprive citizens of right of access to the courts. That is why we did not proceed. Members felt very strongly about it." Persad-Bissessar also said: During the budget debate I said we must first listen and then lead. So we want to give Clico stakeholders an opportunity to voice their concerns."
She said Cabinet established an interministerial sub-committee headed by Food Production Minister Vasant Bharath to engage in discussions with various stakeholders "to listen to the people."
Persad-Bissessar denied there was a fracture in the Cabinet on the aborted bill. She said: "Nothing is further from the truth. There is no ""bacchanal" in the Cabinet. It was a unanimous decision in the Cabinet yesterday...we are all one family. Do not live with bated breath and with great expectations because it is not going to happen. We will hold together." On the CLF commission of enquiry, Persad-Bissessar said: "Given the systemic risk involved with this crisis and the thousands adversely affected, the significant taxpayers' funds already spent and to be spent, Cabinet has decided to have a Commission of Enquiry appointed into this financial crisis, the CL Financial crisis as well as HCU.
"The commission will investigate the files of Clico, BAT and CIB, as well as the overall CL Financial group and HCU," she added. The commission will be conducted in addition to the investigations that have already been conducted by forensic investigators. Persad Bissessar said the results of these forensic investigations have been sent to the Office of the DPP by the Attorney General. The PM aimed much of her 37-minute statement at the Opposition PNM, blaming the past government for the Clico situation and querying the use of the $7.3 billion which the PNM had pumped into a Clico bailout.
She said: "Where did it go? Who are the people that were paid? How was it utilised? These are serious questions to be answered. What criteria did you use to repay investors? Whom did you choose to pay? How were they chosen? These questions need to be answered.
"Why are you now crying crocodile tears about trade unions, credit unions, the poor man and small man–why did you not pay them first? Taxpayers need to know." Persad-Bissessar traced the CLF downfall, saying it was "in the sense of a scheme...Now we are hearing about Ponzi schemes.This here was the CL scheme. "What it was really is to take people's money in non-traditional investments, push it out there in very risky investments to try to get a very high rate of return and, of course, like a pack of cards, it collapsed," she said. She added that further investigation into this group was required, since bankruptcy signs were visible years ago. "There was oversight and governance failure across the board, and questions must be asked of the regulators, auditors, executives and, of course, the previous administration under whom this all unravelled," Persad-Bissessar said.
On the PP's assistance plan, she said instalment instruments could be cashed in early at financial institutions at a discount. "But I have been informed by the Finance Minister that based on discussions with local financial institutions, that if the first five years of instalment notes were cashed in, the discount could be as high as or as low as five to ten per cent," Persad-Bissessar said. "What this means is for every dollar, you could get between 90 and 95 cents per dollar if you decide to discount, I am so advised." She clarified her recent statements on the Government's offer. She said: "I saw a headline which said, 'Prime Minister said take it or leave it.' What I indicated, it is an offer being made to people. It can be accepted or rejected... Nobody is forcing you to accept it. That is the point I was making. "We'd love to pay every single person every single cent, but economic circumstances will not permit it," Persad-Bissessar added.