Despite a unanimous vote in Parliament for the Civil Asset Recovery and Management and Unexplained Wealth Bill, 2019, on Monday night, the Government and Opposition disagreed over the major amendments made to the bill.
In a statement yesterday, Opposition leader Kamla Persad-Bissessar said they ensured "appropriate safeguards were inserted in the bill to ensure the property of all citizens was not at risk of being taken by the State."
The UNC brought 63 amendments for the debate on Monday and said eight were eventually made to the bill.
Persad-Bissessar said she, "convinced the Government to remove the clauses throughout the bill that allowed any police officer and any customs officer to commence proceedings under the bill and to replace this with the Comptroller of Customs and Excise and the Commissioner of Police or any officer above the rank of inspector."
These changes most significantly affected clause 31 and 58 of the bill, she said.
Clause 31 initially stated, "The bill would empower a police officer, customs officer or the Chairman of the Board of Inland Revenue to forward an investigative report to the Director of Public Prosecutions (“DPP”), where he has reasonable grounds to suspect that the investigation involves recoverable property."
Clause 58 meanwhile originally read, "Empowers the Chairman of the Board of Inland Revenue, a Customs and Excise officer or a police officer attached to the financial investigations unit of the Police Service to apply to the High Court for a Preliminary Unexplained Wealth Order, where there is a reasonable suspicion that the total wealth of the respondent exceeds the value of his lawfully obtained wealth and that the property is owned by the respondent or is under his effective control."
In her statement, Persad-Bissessar said, "This ensured that the fears of citizens that they will be targeted by lower-ranking officers who abuse the powers conferred by the legislation was eliminated."
However, the Government claimed many of the changes claimed by the Opposition were proposed by Government.
Speaking on CNC 3's the Morning Brew, Minister in the Ministry of the Attorney General and Legal Affairs Fitzgerald Hinds said the UNC's statement was purely to save face.
"There were seven amendments to the bill. The substantial amendments that went into clause 31, which went into the procedure for civil forfeiture and clause 58, that has to do with the unexplained wealth procedure, they came from the Government. Nothing significant, nothing substantial, nothing of any meat came from the UNC," Hinds said.
Minister of National Security Stuart Young echoed that sentiment in a statement yesterday.
"The majority of amendments to the bill, and certainly the substantial ones that were agreed to, were the product of the Government’s work over the weekend," Young said.
Minister of Finance Colm Imbert also took to social media to comment on the bill.
"Government made seven amendments to provide further safeguards for innocent citizens and agreed to five amendments proposed by the Opposition. Landmark legislation that was long overdue."