In the midst of all the doom and gloom, crashing financial markets and slap in the face of the law by the Prime Minister (who transformed a cultural show into a PNM rally), a ray of hope broke through the dark clouds last week. I refer to the inaugural speech of our new Chief Justice Ivor Archie at the opening of the 2008/2009 law term.
Archie likened his annual report to that of an annual “report to shareholders.” This is a major shift in the attitude and philosophy of the judiciary. After all, our courts are, in fact, there to serve the people, and it should properly account to them.
His speech was more like a conversation with the nation, and his delivery was measured and effective. His grasp of the problems facing our legal system was evident, and he was in command of the lion in the arena. In some respects, the CJ traversed familiar ground with renewed vigour and enthusiasm.
The abolition of preliminary inquiries in criminal matters, avoiding transportation of prisoners and the consequent waste of money and judicial time, when their cases are not ready and must be adjourned, removal of traffic tickets and liquor licensing duties from magistrates have been on the cards for quite sometime.
Mention of these initiatives was, for example, made in the report of the Lord Mackay Commission of Enquiry into the Administration of Justice in 2000. Change has been slow but sure in the legal system. The civil side is far more advanced than the criminal side, and this has been recognised. Video conference hearings before trials are ready would avoid the need to transport prisoners unnecessarily.
Good research
The audio-digital recording project is a success and long-hand note-taking will, hopefully, soon disappear. The infrastructure of the courts has been slowly, but surely, improving as new buildings have been constructed, old ones renovated and technology incorporated.
The Family Court is a huge success. No mention was made, however, of the much-touted DNA lab and the backlog at the Forensic Science Centre, which delays so many criminal cases. The emphasis by CJ Archie on the need for constitution reform and solid witness protection is welcome. It is true that our constitution is over 30 years old and in need of review.
I do, however, have a problem with the repeated calls for “consultations with all stakeholders,” because this is normally used by politicians as an opportunity to hold poorly attended meetings all over the country, rehashing and regurgitating the same old ideas and arguments.
We have had more than our fair share of constitutional commissions and reports. We had the Sir Hugh Wooding Commission in 1971-1974, the Sir Issac Hyatali Commission in 1987-1990, papers from Lloyd Best and Tapia, the Vision 2020 sub-committee on constitution reform and the report compiled by our independent senators during the period of the 18/18 tie.
Many good research papers have been published. To add to the stock, we recently had the publication an excellent book that was co-authored by one of our present judges in the Court of Appeal: Democracy and Constitution Reform in Trinidad and Tobago, by Dr Kirk Meighoo and Peter Jamadar, JA.
I hope the Prime Minister will not misuse the valid observation of the CJ to start a fresh round of “consultation” on constitution reform, so that this political football can be dragged into the mud until it just disappears. The fact of the matter is the ideas have always been there, but the political will has never been.
Real change
The call for a review of the remuneration package of judges and magistrates and support staff is one that the Government must heed. Since “money is no problem,” the Government should make a tangible gesture in this regard.
The pension of many of our retired judges is ridiculously low. Inflation has virtually rendered them penniless. In some cases, the widow and children have been left to fend for themselves when they should be enjoying the fruits of their late husband/father’s sacrifice. Judges cannot practise law after retirement, and the pensions are not linked to inflation, so accepting judicial appointment is a potential ticket to future poverty.
Whilst the CJ was right to mention the fact that judges are overworked and suffering from burnout, so, too, are attorneys who now have to work twice as hard to ensure the endless deadlines that come with the new rules of court are met.
There was no attempt to say how judges will be evaluated or have their performance monitored. Some judges may work harder than others, and the public is entitled to know that their efforts will be recognised and rewarded.
The judiciary must at least strive for some target date/period by which judgments must be delivered (within six months after trial?).
Finally, the CJ should have avoided borrowing the political vocabulary of the PM by seemingly endorsing Vision 2020 as a template or time line for developmental change. Overall, though, CJ Archie left me feeling hopeful that our legal system was in good hands, and that his stewardship will bring positive and real change.
By Anand Ramlogan
In every budget speech, the mantra of the urgent need to diversify the economy has been a popular chant. But instead of diversifying the economy to produce locally that which we import, our economic addiction to the energy sector has only grown stronger.
Finance Minister Karen Nunez-Tesheira boasted that the PNM was responsible for the diversification of the energy sector. Fine, but where was its long-term vision to build an economy that is not subject to the vagaries of the energy sector?
Barack Obama recently said if he was elected president he would seek to stop the United States’ “addiction to oil.” Apart from political instability in the Middle East, its harmful effect on the environment is a major concern worldwide.
The conscience of the world has finally started worrying about the kind of future we are creating for the next generation.
What if concerns for the ozone lead to a shift away from oil and gas? The energy futures market is slowly looking to coal as the future source of energy and China’s huge reserves will come in handy.
Our Government is like a lucky landlord who inherited a building, has never had to sacrifice or work and collects a huge rental income every month. What will happen when the tenants leave? The global super powers are all exploring alternative energy that can service needs in harmony with the environment. Smart oil- and gas-producing nations all have a long-term diversification plan to do their part to preserve the environment and create an economic safety net.
Solar energy
The growth in the non-energy sector continues to be minimal as evidenced by the Government’s continued dependence on our oil and gas reserves to finance the $50 billion budget. Incentives such as production bonuses and production signature bonuses dominate instead of any talk about investment in solar energy.
What’s more, instead of diversifying the economy by creating and investing in income-generating projects, we have egoistical, unnecessary mega projects such as the Brain Lara stadium, the Centre for Performing Arts and the PM’s palace.
The focus on education is welcomed. The Government must be given full marks for its progress with early childhood learning and tertiary level education. Scholarships for PhDs and the Gate programme (the sequel to the UNC’s dollar-for-dollar plan) are good. But how is our economy going to benefit when qualified nationals and the professional class migrate for greener pastures where crime is not consuming the society and public healthcare is better?
The idea that recipients of these scholarships will return because they signed a contract to serve is laughable. The State has never taken legal action to enforce these contracts and people grab the opportunity and run with impunity!
The expenditure on education will, therefore, ironically intensify the brain drain unless the Government focuses on the real issues such as crime, healthcare, high food prices and inflation.
We are spending billions on educating people that will not stick around to contribute anything to our economy unless we address the fundamental problems. In short, “We spending billions simply clearing track for ‘gouti to run up to North America.”
The budget continued the trend of this Government to treat crime as if it were just another problem. The PM barely mentions the word. The Minister of National Security has gone silent since he admitted his plans did not result in sufficient “arrestizes.”
In the meantime, the bodies of youth and taxi drivers pile up as if they are being collected from rubble after a deadly earthquake. Crime is the number one problem and it is not the Government’s number one priority.
Absolutely nothing was said about crime that could inspire hope. No new plans, no new vision. No mention of the debacle involving the permanent appointment of a new commissioner of police. No analysis of why the policies have thus far failed to bear fruit.
Mosquitoes Minister
Health Minister Jerry Narace used the same PNM spin doctor to manipulate statistics and technical definitions to prove that there is no dengue outbreak while doctors across the country are telling sick people otherwise. He seems to be the Minister of Mosquitoes because he’s certainly not representing the humans.
Agriculture is another disappointment. The closure of Caroni created huge opportunities that have been wasted. As food prices continue to soar, our food import bill continues to increase and there is nothing that will reverse this trend. The plots given to ex-Caroni workers are too small to justify economies of scale. Traditional farmers with the experience and expertise need support via access roads and bridges, compensation for flood losses and subsidies. Instead, they are thinking twice about being farmers.
The hike in the price of premium gas is going to have a ripple effect and raise the overall cost of living. It was a mistake to assume that only the “high-end” families own cars that use unleaded gas. The middle class will somehow have to pass on this increase to the other sectors. It will not simply absorb this punch.
The theme for this budget was, “We spend it because we had it.”