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Speaker:The Honourable Basdeo Panday, Prime Minister of the Republic of Trinidad and Tobago
Date: January 4, 2000
Occasion: Statement on the Appointment of a Commission of Enquiry into the Administration of Justice in the Republic of Trinidad and Tobago in the House of Representatives
Mr. Speaker:
The duty falls to me to report to this Honourable House on the Government's policy on a development of particular interest to the welfare of every citizen of our Republic.
Mr. Speaker:
The Republic of Trinidad and Tobago is founded on the principle that all power is vested in, and therefore derives from, the people.
It follows that all who hold power that derives from the people should be answerable to the people.
In recognition of this fundamental tenet, the branches of the State, the Executive, the Legislative and the Judiciary should at all times hold themselves accountable to the people, albeit in varying measures, and by varying means,
It is in the character of the Executive that this branch of the State is at all times accountable to the people, and is held to account by the people, and does indeed recognise and discharge its obligation to account to the people.
Moreover, Mr. Speaker, the Executive branch of the State is, by constitutional fiat, compelled to return the government to the people at the end of five years, with a grace period of a further 90 days, should an incumbent Executive consider an additional three months to be in the public interest.
It could be held that in his statement at the opening of the current Law Term on the 16th of September 1999, the head of our Judiciary gave more than tacit recognition to the obligation of accountability which falls upon the Judiciary, as a branch of the State.
Mr. Speaker:
Through His Excellency's famously published and spoken positions on matters of public interest with - which we are all quite familiar - it could be held that very recently, our Head of State demonstrated more than tacit recognition that the obligation of accountability attaches to branches and offices of the State beyond the Executive.
Mr. Speaker:
On September 16th 1999, at the opening of the current Law Term, the Honourable Chief Justice made a number of assertions which sharply brought the independence of the judiciary into public issue, nationally, regionally and internationally.
Those assertions garnered immense national, regional and international attention and concern. Whenever there is such public disquiet in respect of any institution of civil society that public confidence in such an institution may be shaken, the law provides for the President of the Republic, acting on the advice of Cabinet, to appoint a Commission of Enquiry into any such matter.
It is to be noted that under the Commissions of Enquiry Act, there have been previous Enquiries into matters concerning the administration of justice in Trinidad and Tobago.
The last three such Commissions were based on decisions of the Cabinet of Trinidad and Tobago. In 1956, the Sir Albert Napier Commission was charged with inquiring into the system of administration of Justice in the Colony and to make recommendations for expediting the work in all Courts.
In 1972, the de la Bastide Commission of Enquiry was asked to inquire into and investigate the working of the Magistracy, St. George West. Also in 1972, the de la Bastide Commission of Enquiry was required to enquire into, report and make recommendations on the machinery and administration of justice in each of the magisterial districts of Trinidad and Tobago with special reference to:
The duties and jurisdiction of magistrates;
The adequacy of Magistrates Courts accommodation, staffing arrangements and matters incidental thereto;
The issue, control and cancellation of Commissions of Justices of the Peace in the entire country;
The procedure in relation to and condition of the granting of bail by Justices of the Peace; and
The due security of Court and other documents.
In 1977, the de la Bastide Commission of Enquiry was called upon to enquire into reports of alleged widespread disaffection among Magistrates owing to alleged arbitrary and sectional practices which disaffection could have adverse effects on the administration of justice in Trinidad and Tobago.
Mr. Speaker:
Against this backdrop, the Cabinet agreed, on December 8th 1999, that a Commission of Enquiry, with certain Terms and Conditions, be appointed to enquire into the Administration of Justice in the Republic of Trinidad.
On receiving confirmation of the availability of the eminent persons selected to constitute the Commission, I reported on December 16th 1999 to the nation on the Cabinet agreement on the composition of the Commission of Enquiry.
In response to public comments on this much debated matter, the Terms of Reference of the Commission have been amended and, Cabinet on Wednesday 2nd February 2000 agreed upon the Terms of Reference of the Commission of Enquiry into the Administration of Justice in Trinidad and Tobago.
Mr. Speaker:
Pursuant to the Commissions of Enquiry Act Cabinet has today advised the President on the appointment of a Commission of Enquiry to enquire into and report on the Administration of Justice in the Republic of Trinidad and Tobago.
The Terms of Reference of the Commission make special reference to the following:
To enquire into and to report and make recommendations on the machinery for the Administration of Justice in the Republic of Trinidad and Tobago with special reference to:-
-The duties, functions, management and adequacy of the system of Courts and procedure to provide more efficient, accessible, affordable and expeditious justice for all.
-The qualifications which may be prescribed for in the appointment and promotion of judicial officers, the manner of dealing with complaints by the legal profession and the public against judicial officers.
-The operation of the existing financial and administrative rules and procedure for the release and draw down of funds allocated to the Judiciary by Parliament for the approval of travel abroad by judicial and other officers for training and conferences, for the employment of staff for the Judiciary on contract, for communication with the Cabinet and the Ministry of Finance by the judicial department and to determine whether these rules and procedures impair or derogate from the independence of the judiciary and the rule of law.
-Allegations that the Executive has attempted to undermine the independence of the Judiciary.
The Commission is also to be charged with inquiring into, reporting on and making recommendations matters incidental to or connected with these terms of Reference.
The Commission will be charged with making such observations and recommendations pertaining to the findings of the Commission arising out of the Enquiry as the Commissioners may deem appropriate.
The Cabinet has advised the President to issue a Commission appointing:
-The Rt. Honourable Lord Mackay of Clashfern;
-The Honourable Mr. Justice Austin N.E. Amissah; and
-The Honourable Dr. L.M. Singhvi to be Commissioners; with
-The Right Honourable Lord Mackay of Clashfern as Chairman.
The Cabinet has also advised that Mrs. Larraine Lutchmedial, Secretary of the Law Commission, be appointed Secretary to the Commission of Enquiry .
Mr. Speaker:
There can be no question that the greatest challenge facing our country is the maintenance of law and good order in ensuring the safety and security of all in the society.
The society is under assault by the international drug cartels and their local networks. Domestic disputes are frequently being translated to violent and - all too often - fatal conclusions. The nation is today shocked by the brazen banditry that took place on the Beetham Highway, yesterday, in broad daylight.
In the all-round offensive which the Government has mounted in the national fight against crime, we have introduced a new regime of laws designed to protect the innocent and to bring offenders to book. Pivotal to the effectiveness of any community's response to counter the onslaught of the lawless, is the efficient, speedy, and equitable administration and dispensation of justice.
Fundamental to the maintenance of law and order, which is our most urgent national priority, is the efficient functioning of an independent judiciary; the timely progress of the process of justice; and ready access to justice for all, irrespective of rank or means. It is of the greatest importance, Mr. Speaker, that the Judiciary should enjoy the respect and trust of the citizenry.
It is therefore the obligation of the Government to seek to uncover and to treat with any elements which may threaten or compromise the independence of the Judiciary, the integrity of the Judiciary, or the efficacy of the Judiciary.
The last enquiry into the administration of justice in Trinidad and Tobago was conducted close to a quarter of a century ago.
The beginning of this new century is a fitting time to give thought to the functioning of all the institutions of the nation.
The outcomes to which the Commission of Enquiry into the Administration of Justice is geared, as are all the legislative and other measures initiated by the Government since 1995, are:
A better life for all;
Equality for all under law;
The full enjoyment of all Constitutional rights;
Transparency, accountability and integrity in public affairs;
And respect for law, in a truly inclusive society, in which no one shall be left behind.
I see these to be the critical fundamentals of social justice, Mr. Speaker. The extent to which our citizens enjoy these entitlements is the measure by which they will judge the competence of their Government to discharge our duty to them.
The summary obligation of official accountability to the people is one of those fundamentals.
I Thank you, Mr. Speaker.