Tag: politics in turks and caicos islands

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Time for the Governor ,Deputy Governor to start respecting Premier in TCI

Published in TCI Post

Readers may remember that late last year at the 2nd sitting of the House of Assembly, the Premier made a Ministerial Statement in Parliament. The following is an excerpt from that statement:
Mr. Speaker, as Premier, I am responsible for the conduct of business in all ministries, along with the holders of the ministerial portfolios, so I will not go deep into the business of those ministries. Mr. Speaker, I assumed responsibility for Investment and Trade as I saw the need to boost inward invest in this country. Mr. Speaker, I must state clearly that the Inward Investment Unit cannot function maximally under the Deputy Governor’s Office and with the current structure. Therefore Mr. Speaker, it is my Government’s intention to transfer the Investment Unit to the Ministry of Finance and the development of a new statutory body with similar functions to TCInvest to replace the Investment Unit in short order. I will allow the Hon. Minister of Finance to expound on this further.
Mr. Speaker, during the period of the Interim Administration, the Spokesperson for the Governor’s Office was also in charge of the TCIG’s Press Office. Mr. Speaker, after we were elected as the Government, there is a clear reluctance to relinquish control of the Press Office, which is still under the Deputy Governor’s Office. Mr. Speaker, come January morning the TCIG’s Press Office will be transferred to the office of the Premier with increased staffing and no interference. End
In response to that section of the Ministerial statement, it was brought to my attention that the Deputy Governor said that the Premier is a Minister without portfolio and cannot make such decisions and as a result the press office and the Investment Unit will be staying where they are. The Investment unit is operated from the Deputy Governor’s Office and the governor is refusing to relinquish control of the government’s press office.
The letter from the Deputy Attorney General Rhondalee Braithwaite informing investors that the Premier has no authority to deal with any investment in the TCI confirms that the Governor , the Deputy Governor and British Officials have no respect for the Premier or his office or for the will of the voters of the TCI. Rhondalee had to get permission from someone high up in the former interim regime in order to write such a letter.
The Press Secretary Zadie Neufville who is a Jamaican refused to take any instructions from the Premier and does not speak to him. Imagine an expat paid by our tax dollars disrespecting our elected Premier.
The governor and the Deputy Governor has created an atmosphere where expat civil servants will soon show the Honourable Premier their Middle Finger.
The Governor’s Parrot oops press Secretary Neil Smith still follows the elected government around even though he is not wanted and the government press secretary Zadie Neufville only take instructions from Neil Smith.
To add insult to injury the Governor and the Deputy Governor are demanding that the Premier must get approval from them first before he can hold a press conference and they want to know before hand what he is going to say. This is disrespect to the highest. When is it going to stop????

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Political Fights in Turks and Caicos Islands

Turks and Caicos deputy governor responds to attacks by premier
Published on January 17, 2013

By Caribbean News Now contributor

PROVIDENCIALES, Turks and Caicos Islands — The deputy governor of the Turks and Caicos Islands, Anya Williams, has written personally to the premier, Dr Rufus Ewing, in response to comments he made in public meetings and reported in the media this week.

Williams began her letter sent on Tuesday by reminding the premier of his role in collective Cabinet responsibility for decision making, which she pointed out was the correct forum for raising issues and resolving problems.

The spat has arisen following Ewing’s claim that the Deputy Governor’s Office is attempting to retain control of government funds and was using such control in turn to control ministers.

However, Williams, denied that her office has any interest in retaining control of government funds, or was using them to control ministers

She reminded the premier that she and the TCI public sector has sought to support him and ministers at all times.

Her letter made clear that the TCI government is free to determine government structures, and to put in place arrangements to have a function moved to another ministerial portfolio, bearing in mind the structures and responsibilities that have been set out in the constitution.

Williams’ letter also reminded the premier of the pre-election briefings given to all would be Assembly members and political parties where they were informed how government would work, regardless of who came to office, and that no candidate or party expressed any concerns at that time.

Similarly, all candidates were informed that the priority for any incoming government two thirds of the way through the financial year (November) should be on the estimating and approval process for financial year 2013/14, which would already be significantly delayed from its original timetable of October, due to the need to consult newly elected ministers on the development of a new fiscal and strategic policy statement and on new budget priorities going forward.

Her letter further reminded the premier that Cabinet agreed to this. She explained that if ministers wished to change the existing 2012/13 budget they are at liberty to do so but this must be done by proper legal process via the House of Assembly and that this had to be done in addition to the complex drafting and approval process for the new financial year.

In relation to Assembly members’ and ministers’ pay and conditions, Williams’ letter also reminded the premier that it is the Integrity Commission Code of Conduct and Report on Remuneration that sets out ministers’ entitlements to pay, travel and all other arrangements, not the Office of the Deputy Governor, which is charged with abiding by them.

If the premier or ministers are unhappy with the levels of pay or arrangements for allowances or the class of ministerial travel provisions set out in the Integrity Commission Report, and with the government’s current travel policy, this also should be taken up in Cabinet and set out to the House of Assembly and the Integrity Commission, Williams said.

With regard to re-establishing and staffing the Office of the Premier, the deputy governor said she has had several discussions with the premier in this regard and awaits a submission from his office. Similarly, the premier’s desire to set up a press office has not been budgeted and will require a business case and supplementary funding this year or be dealt with in the new budget for 2013/14. Any such arrangement must also be consistent with legislation and the Integrity Commission Code of Conduct.

“My letter sought to reassure the Honourable Premier that my office and I stand ready to assist wherever necessary in helping fulfil the Government’s mandate,” said Williams. “Although it is not my preferred way of doing business as there are serious other issues of national importance that are at hand, such has been the breadth and depth of the unmerited and inaccurate comments circulated this week, that I feel compelled me to respond.”

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GOVERNOR RIC TODD AND MILESTONES IN TURKS AND CAICOS

Published in TCI Now on 18th September,2012
The TCI is benefitting from the most far-reaching reform programme conducted in any UK Overseas Territory said Governor Ric Todd, as he published his final quarterly progress report on the interim administration’s milestones on Tuesday.

Progress against the eight milestones has left the TCI with an improved, more effective and sustainable public service; modernised legislation; stronger control of its public finances investing in key priorities; and sound management of the economy, which has been growing since 2010 and by 4.1% in 2011.

These principles have sought to instil good governance at the heart of the public service and have underpinned the activities of the interim administration since it took on responsibility for governing the Territory following the suspension of the TCI Constitution after the damning conclusions reached by the Sir Robin Auld led Commission of Inquiry in 2009.

The six-month long, highly detailed investigation by Sir Robin concluded that there was a high probability of systematic corruption in the TCI government, legislature and public officers of the Territory; compounded by a serious deterioration – from an already low level – in the Territory’s system of governance and public financial management. This corruption appeared to have consisted mainly of bribery and fraud by developers and other investors of Ministers and public officers, so as to secure Crown Land on favourable terms.

The eight milestones themselves were published in 2010 and outlined the practical steps that would need to be taken in order address the institutional problems and return to an elected Assembly and Government. Achievements against them have led to the TCI Constitution being reinstated on 15 October, triggering the general election on 9 November 2012.

“With the prospect of fresh elections now firmly in sight, the beneficial changes brought about by the milestones provides any future elected administration with a solid and more sustainable base with which to consider affordable levels of public expenditure, demonstrate continued good governance and achieve sustainable economic development to the benefit of all people in TCI,” said Todd.

“I would like to take this opportunity to thank everyone across TCI, in the Governor’s Office and UK government for all of their hard work and commitment to embed the reforms in everyday practices and embrace these better ways of working. The support provided by TCI public servants, advisers, legal drafters and numerous other contributors has been exceptional. The programme of work to modernise the management and delivery of public services in TCI, as well as to put public finances on the road to recovery, modernise legislation and strengthen the economy is simply most extensive undertaken for any UK overseas territory.”

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HIGH RISE DECISIONS FOR ELECTED GOVERNMENT

High rise decisions for elected government says governor
Published on September 18, 2012 in TCI News Now.

Changes in legislation to permit high rise developments in the Turks and Caicos Islands will be the decision of a democratically elected House of Assembly and Government, Governor Ric Todd announced on Monday.

Explaining his decision, Todd stated: “The Skyline proposal for a mixed use, 28-storey high rise development on Providenciales has been widely debated across TCI for some weeks.

“I would like to note that before this development, or any development, can take place a procedure set out in law must be followed. It is an over-simplification to say that TCIG or the Governor can just ‘approve’ this or any development.

“This case is unusual because the proposed development is of a height contrary to existing legislation. But even if that legislation were to change, the proposal would still have to go through a full and normal planning process, including impact assessments and consultation.

“In the event the developer sought any investment incentives, there would also have to be a Development Agreement between the developer and TCIG prior to the planning process being initiated.

“I launched a public consultation on the Skyline proposal because such a development, while of considerable potential value to TCI, would clearly be both new to TCI and controversial.

“I published the report written at my request by the Investment Unit of TCIG on that consultation (on 10 Sep). I then held a meeting on Grand Turk, on 13 September, with the representatives of the development, Mr Hugh McLean and Mr Mark Mungo, and the leaders of the political parties on TCI, Mr Oswald Skippings, Dr Rufus Ewing and Mr Harold Charles. At this meeting we had a full and valuable discussion of all the issues. I am grateful to all the participants.

“I have given careful consideration to all the issues concerning and surrounding this development; had discussions with those involved; and taken account of advice, formal and informal representations and the results of the public consultation. I have given weight to the arguments put to me by the political parties that decisions on this development should, given the timing of this proposal, be made the responsibility of an elected House of Assembly and Government. The party leaders also stressed their willingness to assume this responsibility and to take the necessary decisions about the proposal.

“Taking account of all the circumstances, I have concluded that there should not be any change to the legislation relating to the height of the buildings on TCI before 15 October and that a decision on this legislation should be taken by an elected House of Assembly.

“I am asking the Attorney General to consider options for amendments to legislation which would permit higher rise developments than those currently envisaged by existing law. I have also asked the TCIG Chief Executive Officer to instruct the Planning Department to consider options for updating the zoning, planning and development rules as a basis for work the elected government can continue in November.

“In conclusion I would like to thank the developer for presenting this bold and imaginative proposal, with such potential, and for their interest in investing in TCI.

“Their willingness to invest $200 million is of course a major vote of confidence in TCI, illustrating both the strong economic position which TCI currently has and the potential of the islands.”

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JOHN HARTLEY FACES MULTI-MILLION JUDGMENT IN MIAMI

published in Sun TCI
By Hayden Boyce, Editor-in-Chief
• Mon, Sep 17, 2012

Local businessman and economist John Hartley will have to pay out close to $15million after a Florida court handed down a judgment against him on Wednesday September 12th, 2012.

The judgment, which was handed down in the United States District Court Southern District of Florida by judge James Cohn, was brought by multi-millionaire Edward Burger as trustee of the 2009 Hubbard Family and some other investors, as a result of Hartley’s involvement in a scam in which he and some of his friends were sued for selling elite shares in an electric-car company that they didn’t actually own.

The businessman and investors sued Hartley under Section 10(b) of the Securities and Exchange Act to recover substantial damages from Hartley related to $4.525 million which they invested to acquire shares in a company called Praetorian and/or G. Power, based on false representations that such interests would provide indirect ownership of Series A Preferred shares in Fisker Automotive Inc.

After making the investment, the businessmen never received the closing documents reflecting their shares in Praetorian. According to a copy of the court judgment which was obtained by The SUN, the complaint alleges that Mr. Hartley was a founding partner and member of Praetorian Fund, and that along with other defendants
Mattera, van Siclen, G. Power, and Praetorian Fund, “caused various documents to be prepared to promote the sale of shares in the LLC entity which would own the Fisker shares.”

The investors allege that a Private Placement Memorandum and subscription documents provided to them prior to their investments “represented that G. Power already owned $20 million in shares of Fisker.” They contend that as a director of Defendant Praetorian Fund, Mr.Hartley made misrepresentations contained in these documents and he participated in the scheme to deceive them.

Furthermore, the Amended Complaint contends that in early January 2011, Mr. Hartley and van Siclen met with a trustee of the Plaintiff 2009 Hubbard Family Trust, and discussed the investment, representing what a great investment it was. The investors allege that Mr. Hartley continued to cover up the fact that G. Power did not own any shares in Fisker.

Mr. Hartley opposed the Motion for Summary Judgment and has cross-moved to dismiss the Amended Complaint. However, the judge stressed that the undisputed facts before the Court establish that Mr. Hartley, in conjunction with Mattera and van Siclen, conspired to solicit investors to invest in various G. Power entities to capitalize The Praetorian Global Fund.

The judge said: “The uncontroverted testimony of van Siclen is that Mr. Hartley participated in the drafting of the Private Placement Memorandum and subscription documents that were provided to the Plaintiffs which contained the false statements regarding the Fisker shares. Mr. Hartley, along with van Siclen, personally met with a representative of the Plaintiff 2009 Hubbard Family Trust in January 2011, a meeting wherein Mr. Hartley affirmed his partnership with van Siclen and Mattera, promoted
what a great investment it was, and represented that the closing had yet to take place.

Mr. Hartley also responded to email inquiries from the Plaintiffs regarding the status of the closings. Thus, the Court finds that Plaintiffs have established the existence of a conspiracy amongst the Defendants and that Mr. Hartley may be held jointly and severally liable for the actions of the Defendants.”

The judge said he agrees with the investors that they have established Mr. Hartley’s liability for his own fraudulent misrepresentations, adding that the undisputed record before the Court reflects that Mr. Hartley participated in drafting the Private Placement Memorandum and other subscription documents which misrepresented that G. Power II already owned $20 million Fisker Shares, when it did not in fact own any shares.

The judge continued: “In his Motion to Dismiss, Mr. Hartley ignores that Plaintiffs, in part, base their fraud claims on his own conduct. In an attempt to minimize his own actions, Mr. Hartley argues that he cannot be held liable based on the January 2011 dinner because “it took place, at its highest, in a social context, and at its lowest, in a haze of alcohol.”

The judge also noted that even if the allegations of the Amended Complaint are insufficient to establish that Mr. Hartley himself operated a business or himself caused tortious conduct within Florida, the Court still has personal jurisdiction over him based on Plaintiffs’ well-plead allegations that he participated in a conspiracy with other defendants who did commit tortious acts within Florida.

“Even if the Court does not have personal jurisdiction over Mr. Hartley via the Florida Long Arm Statute, the Court still has personal jurisdiction by virtue of Federal Rule of Civil Procedure 4(k)(2). Mr. Hartley is also alleged to have been a founding partner and director of Defendant Praetorian Fund. Id. After at least one Plaintiff wired funds to the escrow agent, located in Florida, Mr. Hartley, along with van Siclen, is alleged to have met with a co-trustee of the 2009 Hubbard Family Trust wherein he emphasized what a wonderful investment it was. Mr. Hartley is also alleged to have made repeated representations to the Plaintiffs that the
Fisker shares were owned by G. Power. Id. These specific allegations coupled with the allegations of conspiracy regarding Mr. Hartley and the other Defendants is sufficient for the Court to conclude that Mr. Hartley has sufficient minimum contacts with the United States as a whole to justify personal jurisdiction.
Accordingly, the Court rejects any assertion by Mr. Hartley that the Court is without jurisdiction over him. Accordingly, the court finds that Mr. Hartley has failed to demonstrate good cause to have the admissions withdrawn or amended pursuant to Federal Rule of Civil Procedure.”

Ironically, Hartley is one of the directors of the Conch Farm who are trying to sue the Turks and Caicos Islands Government for US$50million. His wife Monique Allen, is the lawyer who filed the case against TCIG.

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New Minister is Mark Simmonds

 


By Caribbean News Now contributor

LONDON, England — Member of Parliament Mark Simmonds has been appointed Parliamentary Under Secretary of State with responsibility for Britain’s Overseas Territories in the Caribbean and elsewhere in the world as part of Prime Minister David Cameron’s reshuffle.

According to an announcement by the Foreign Office, Simmonds’ responsibilities will include:

• Africa 
• Overseas Territories (not Falklands, Sovereign Base Areas or Gibraltar) 
• Conflict Issues 
• Climate Change 
• International Energy 
• Consular 
• Protocol 
• Ministerial Oversight for FCO Services 
• The Caribbean (not including Dominican Republic, Haiti or Cuba) 

Simmonds had been a member of the shadow health team when the Conservative Party was in opposition but missed out on a role in the coalition government after the 2010 General Election.

Simmonds replaces Henry Bellingham who held the job since 2010.

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Minister Bellingham is leaving his post.

 

Published on September 6, 2012  

In a surprise move as part of an ongoing reshuffle of his Cabinet by British Prime Minister David Cameron, the Foreign and Commonwealth Office minister with responsibility for the Turks and Caicos Islands and Britain’s other overseas territories, Henry Bellingham, is leaving his post.

No replacement has yet been announced.

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Henry Bellingham

Bellingham declined to say whether he had been offered an alternative ministerial position, but did say he hoped it was not the end of his career in government.

He was first appointed to the Foreign Office in 2010 and has been a Conservative frontbencher for the past 10 years.

“I’ve had ten years as a front bencher and I’m really happy that I got to do the Foreign Office job for more than two years and travelled across 61 countries in that time,” Bellingham said.

One of the more troublesome issues Bellingham had to deal with during his term of office has been the return to elected ministerial self-government in the TCI following the partial suspension of the constitution and imposition of direct rule by Britain in 2009. Parliamentary elections are now set to resume here on November 9.
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First Independent Candidate for Turks and Caicos Elections


Oswald M. Simons, a local business owner, has announced he will run for an “at large” seat in parliament. He is the first independent candidate to make a formal announcement.

Two others, Harold Charles and Edward Smith, have apparently decided to join with others and form a third party. 

Also interested at one time in running as an independent was former Peoples Democratic Movement (PDM) and Consultative Forum member Courtney Misick of North Caicos. However, Misick seems to have retreated from this ambition and decided not to run.

Earnest Forbes Jr of Middle Caicos, a Progressive National Party (PNP) supporter who tried for a PNP candidacy, may run for the North-Middle Caicos seat against PNP Don-Hue Gardiner and PDM Astwood Forbes. Earnest lives in Middle Caicos and the other candidates live on Provo.

Simons, in announcing his candidacy, said that if elected he will concentrate on improving the country’s finances and doing something to make health care affordable. 

According to his resume, this new candidate has offshore banking and real estate experience.