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Page 1
Leave of Absence
Tuesday, July 18, 2000
329
SENATE
Tuesday, July 18, 2000
The Senate met at 1.35 p.m.
PRAYERS
[M
R
. P
RESIDENT
in the Chair
]
LEAVE OF ABSENCE
Mr. President:
Hon. Members, leave of absence from sittings of the Senate
has been approved for Sen. Jearlean John during the period
July 15-22, 2000.
SENATOR'S
APPOINTMENT
Mr. President:
Hon. Senators, I have received the following correspondence
from the Office of the President of the Republic of Trinidad and Tobago:
"THE CONSTITUTION OF THE REPUBLIC OF TRINIDAD AND TOBAGO
By His Excellency
ARTHUR N. R. ROBINSON, T.C., O.C.C.,
S.C.
,President and Commander-in-Chief of the
Republic of Trinidad and Tobago.
\s\ Arthur
N. R.
Robinson
President.
TO: MR. VINCENT CABRERA
WHEREAS Senator Jearlean John is incapable of performing her
functions as a Senator by reason of her absence from Trinidad and
Tobago:
NOW, THEREFORE, I, ARTHUR N. R. ROBINSON
, President as aforesaid,
acting in accordance with the advice of the Prime Minister, in exercise of
the power vested in me by section 44 of the Constitution of the Republic
of Trinidad and Tobago, do hereby appoint you, VINCENT CABRERA,
to be temporarily a member of the Senate, with effect from 18th July,
2000 and continuing during the absence from Trinidad and Tobago of the
said Senator Jearlean John.
Given under my Hand and the Seal of the President of
the Republic of Trinidad and Tobago at the Office
of the President, St. Ann's, this 13
th
day
of July,
2000."
Page 2
Condolences
Tuesday, July 18, 2000
330
CONDOLENCES
(Mr. Garfield Blackman-"Ras Shorty I")
Mr. President:
Hon. Members, the Senate now pays tribute to another
stalwart of the entertainment industry, the late Garfield Blackman, better known
as Ras Shorty I, who passed away on Wednesday of last week and will be interred
tomorrow, July 19, 2000 at the Paradise Cemetery in San Fernando.
The late Ras Shorty I began his calypso career some 35 or 36 years ago and
became an instant hit with several of his calypsos. Because of his stature,
muscular build and handsome appearance, he quickly acquired another sobriquet,
the "Love Man" and made a very valuable contribution to the calypso art form.
After several years of stage performance, he became disenchanted and moved
with his family to the forest of Piparo where he set up his home with his wife and
children.
Continuing his music, but however, in a different vein, he concentrated on
what I would call spiritual calypso-he called it "Jamoo" (Jah music) where he
created several masterpieces, amongst which is one that might yet be his signature
tune, "Watch Out My Children". We are told that over the period of time, this hit
was translated into about 10 languages and distributed worldwide.
Garfield Blackman died at a relatively early age, by today's standards, of 59,
leaving to mourn his wife and, according to today's death column notice, 19
children, several in-laws, other relatives, family and friends. On behalf of the
Senate, I wish to offer our sincere condolences to the bereaved family and I have
instructed the Clerk of the Senate to send an appropriate letter of condolence to
the family. May his soul rest in peace. Members wishing to pay tribute may do so
now.
The Minister of Public Administration (Sen. The Hon. Wade Mark):
Mr.
President, on behalf of the Government of the Republic of Trinidad and Tobago, I
would like to take this opportunity to pay special tribute to Ras Shorty I. We on
this side of the Senate believe that it is fitting that this honourable Senate pay
special tribute to Ras Shorty I, one of this country's great artistes, and a man who
has managed through the years, and through his devotion and love for God and
his country, to pen his music for the further development of our society and, in
particular, the young people of our community.
Ras Shorty I, christened Garfield Blackman 59 years ago, could well be
considered a legend of his own time. In a career which spanned almost three
decades, he produced a series of calypsos which included his more popular and
Page 3
Condolences
Tuesday, July 18, 2000
331
earlier pieces such as "Endless Vibrations", "Om Shanti" and "Indrani". It was
through the controversial "Om Shanti" that Shorty began to experiment and to
fuse the traditional kaiso with the East Indian rhythm of our island.
Having created a revolution in calypso through the 1970s and 1980s, Shorty
made a dramatic change in his life. In his earlier days as a calypsonian, he used
his music for lovemaking and for adulation of the female form, earning for
himself, as you have mentioned, the title of the "Love Man" in the early 1970s.
In 1980 he became a self-confessed born-again Christian and moved to live at
Piparo with his wife Claudette and his 14 children. It was then that the new Shorty
began to emerge and be reflected in his musical compositions with a virtually new
rhythm which he christened "Jamoo". The one which comes to mind and which
has won critical acclaim is the ever popular "Watch Out My Children": I believe
that this composition stands as a living testimony of the lyrical genius of Ras
Shorty I and of the endless devotion he had for the Creator.
It was this unswerving faith and love for God that Shorty expressed
throughout his illness. At the beginning of June of this year, the Ras Shorty I
Appeal Fund was established and the Government made its contribution through
the Ministry of Community and Social Development. Shorty's new life was
dedicated to producing a special kind of music that contained powerful messages
for all in our society. He has created a legacy of music that can be used as a
reference for all of us.
Ras Shorty I died on Wednesday July 12, 2000 after succumbing to bone
cancer, Mr. President. May his soul rest in peace.
Sen. Nafeesa Mohammed:
Mr. President, Trinidad and Tobago has lost yet
another one of our cultural icons. Ras Shorty I, whose real name, as we all know,
was Garfield Blackman died, as you just heard, last Wednesday. Ras Shorty I will
go down in the history of Trinidad and Tobago as being responsible for fusing
calypso rhythms with East Indian instruments, thereby creating soca music. He
was a calypsonian who became popular in the 1970s with the advent of soca, but
apart from being the father of soca, Ras Shorty I also created a new rhythm which
he christened "Jamoo" around 1981.
As a child growing up, I remember witnessing this dramatic transformation in
Ras Shorty I's lifestyle. Suddenly he became a very earthly person, having
abandoned the material aspects of life on this earth. He often wore white and
often reminded me of the late great Mahatma Gandhi clothed in his very simple
Page 4
Condolences
Tuesday, July 18, 2000
[SEN. MOHAMMED]
332
white shroud. It was only this weekend when I read the newspapers that I
discovered the reasons for this transformation in Ras Shorty I's lifestyle.
Apparently, he became very disenchanted with life in the late 1970s. At that time
he was abroad and he got a vision which told him to come back home. As soon as
he returned to Trinidad, he abandoned his southern home and went to live in the
hills of Piparo. This was around 1980. It was then he became christened into his
new faith.
Cognizant of the problems in our society, Ras Shorty I will always be
remembered for his very deep and soul-searching compositions, especially the
chart topper, "Watch Out My Children"; a very powerful message, especially to
the youths of our nation. On behalf of my colleagues on this side of this
honourable Chamber, I extend condolences to the entire family of the late
Garfield Blackman and, indeed, to the calypsonian fraternity in Trinidad and
Tobago.
As it is often said when we receive the news of the death of an individual, we
must always remember that it is from God we came and to God is our eventual
return. Thank you.
Sen. Prof. Kenneth Ramchand:
Mr. President, "Death is Compulsory" is the
title of one of Lord Kitchener's calypsos. We accept the fact of death, but in the
last months, the nation has had to bear the loss of a number of men and women
who lived fully and authentically as Trinidadian persons. Men and women who
were proud products of the meeting of peoples and cultures, which is authentic
globalization. Men and women who believed in belonging to a particular place
and a particular clime. Ras Shorty I was one of those patriots, cultural radicals,
and Trinidadian persons.
Garfield Blackman will be remembered for his contribution to our music and
our cross-culturality; for the example of self-transformation and soul-making that
his life furnished; for the affirmation of family and the widening circle of love;
and for his intuitive understanding of what formerly colonized and now
globalized countries must do in order to enter the world on their own terms.
Mr. President, it is well known that the second half of the 20th Century saw
the beginning of a conscious recognition and acknowledgment of the place of
Trinidadian Indian culture in the culture of Trinidad and Tobago. With hindsight
and in an impressionistic way, we could trace the process back to the late 19th
Century, but in the second half of the 20th Century, and especially in music,
Page 5
Condolences
Tuesday, July 18, 2000
333
which is the clearest example and the most emphatic expression of popular
sensibility, we can name songs, singers and orchestras, and we can notice the
introduction of specific instruments and certain kinds of instrumentation based
upon affinities between all the "musics" of the island.
1.50 p.m.
We can point also, Mr. President, to the introduction and modification of
rhythmic patterns from Indian folk music and Indian light classical music.
Ras Shorty I grew up in rural Trinidad-Lengua, Talparo and Piparo-and
was exposed to cultural ferment on a daily basis. He could speak Hindi/Bhojpuri;
he knew Indian songs and dances. It is no wonder that he introduced and knew
that he was introducing Indian rhythms and effects associated with Indian
instruments into calypso music.
To get a little technical, he was familiar with the "kaharwa taal", the rhythmic
cycle of eight beats that is the staple of Indian folk music, including chutney
music. He understood the difference between the Indian cycle and the western
linear patterns. More than later practitioners in Trinidad and in other islands, he
had a feel for the Indian melodic lines and Indian intonation; features that are
present in "Indrani" where there is no sign of patronage or ridicule when he tried
to sound like an Indian.
He coined the word "sokah" spelt S-O-K-A-H, to signify that he was bringing
to the soul of calypso, from which he was taking the syllable "so", the "kah" of
Indian influence. This Trinidadian person knew that "kah" is the first letter of the
Indian alphabet and the first syllable in "kahalwah". If Sundar Popo brought
calypso into chutney, Ras Shorty I took chutney into calypso.
Later calypsonians were to turn the 8-beat cycle into the more familiar 4-4
pattern, and North American influence was to introduce another variant of "soca",
this time spelt appropriately, S-O-C-A, to signify the blending of soul and
calypso.
Gradually, the general term "soca" has come to cover Ras Shorty I's "sokah",
the soulful "soca" and even the soulless "soca" of the party circuit. It has also
been hyphenated to cover six of one and half a dozen of the other, soca chutney
and chutney soca.
Page 6
Condolences
Tuesday, July 18, 2000
[SEN. PROF. RAMCHAND]
334
Mr. President, I have gone into these technicalities and tried to pick my way
through the controversies because I want to register what is not in dispute, the
remarkable extent to which Ras Shorty I's work tells us about our identity as
Trinidadian persons. The man has gone, but the legacy remains. It continues in
spite of the surface irritations promoted by politicians and the politically inflamed.
Mr. President, Ras Shorty I's life is an exemplification of the saying that the
world is a vale of soul-making, a place in which we can live the life of the body
and still become shining spirit. As our society and other modern societies move
further and further away from believing in the possibility of belief, I hope we will
learn from the integrity of the man who could say, "Get thee behind me Satan", as
he moved out of the calypso limelight and turned away from the commercial
circuit; the moral courage of a man who felt that there was something terribly
wrong with his life and who did something about it; the self-transformation of the
sexiest calypsonian from the man of too many affairs into holy man entering the
fourth phase of his life.
This was one "sanyasi" who believed in family, and the spiritual journey of
the born-again Christian who composed "Om Shanti", was a journey undertaken
together with his wife and 14 children-just the kind of "sanyasi" to be produced
in a place like Trinidad and Tobago. Ras Shorty I was blessed with the love and
respect of his children and in this, too, his life will continue to have meaning and
value for our society.
I still cannot understand, Mr. President, how he could get all these young
people to go and live with him in the bush. I would say that it was out of the
sustainment of family bonding that he was able to see and feel for all the young
people of our country. Right there in Piparo, in the lion's den, he addressed one of
the major problems of our time and shaped "Watch Out My Children", the finest
musical product of his caring and his conscience.
Mr. President, Ras Shorty I made it more than clear in the satirical calypso
"Money Is No Problem" that he understood about the phones, the floods and the
frenzy on the roads. He saw the corruption. He felt the rising tide of materialism.
He felt the threat of global encirclement. He engaged with the world by retreating
from the imported celluloid realities of the world. He left the satellite city and
encamped in the forest. He was concerned with developmental problems and
sought from his base in the countryside to give to the term "development", a
human meaning and a meaning appropriate to himself and to those who loved
him.
Page 7
Condolences
Tuesday, July 18, 2000
335
We cannot deny ourselves the comforts and conveniences of modern life, but
there is something emblematic in Ras Shorty I's choice to live simply in the bush
which is precious, because it still belongs to us.
I think of him as someone who gave himself to the land and took his
nourishment from the land. He knew intuitively that to change the economy and
resist the new colonialism, we have to repudiate what is shallow, self-indulgent
and deforming in our inherited lifestyle. This may turn out to be the most vital
message of his life.
May he rest in peace.
OATH OF ALLEGIANCE
Sen. Vincent Cabrera took and subscribed the Oath of Allegiance as required
by law.
CONSTITUTION (AMDT.) BILL
Bill to amend the Constitution of Trinidad and Tobago, brought from the
House of Representatives [
The Attorney General and Minister of Legal Affairs
];
read the first time.
Motion made,
That the next stage be taken at the next sitting of the Senate.
[
Hon. W. Mark
]
Question put and agreed to.
PAPERS LAID
1. Report of the Auditor General of the Republic of Trinidad and Tobago on
the accounts of Trinidad and Tobago Forest Products Company Limited
for the year ended December 31, 1981.
[
The Minister of Public
Administration (Sen. The Hon. Wade Mark)
]
2. Report of the Auditor General of the Republic of Trinidad and Tobago on
the accounts of Trinidad and Tobago Forest Products Company Limited
for the year ended December 31, 1982.
(
Sen. The Hon. W. Mark
)
3. Report of the Auditor General of the Republic of Trinidad and Tobago on
the accounts of Trinidad and Tobago Forest Products Company Limited
for the year ended December 31, 1983. (
Sen. The Hon. W. Mark
)
4. Report of the Auditor General of the Republic of Trinidad and Tobago on
the accounts of Trinidad and Tobago Forest Products Company Limited
for the year ended December 31, 1984. (
Sen. The Hon. W. Mark
)
Page 8
Papers Laid
Tuesday, July 18, 2000
336
5. Report of the Auditor General of the Republic of Trinidad and Tobago on
the accounts of San Fernando City Corporation for the year ended
December 31, 1992.
(
Sen. The Hon. W. Mark
)
6. Report of the Auditor General of the Republic of Trinidad and Tobago on
the accounts of San Fernando City Corporation for the year ended
December 31, 1993.
(
Sen. The Hon. W. Mark
)
7. Report of the Auditor General of the Republic of Trinidad and Tobago on
the accounts and financial statements of the Tobago House of Assembly
for the year ended December 31, 1995. (
Sen. The Hon. W. Mark
)
8. Report of the Auditor General of the Republic of Trinidad and Tobago on
the accounts and financial statements of the Eastern Regional Health
Authority for the period December 19, 1994 to December 31, 1995.
(
Sen.
The Hon. W. Mark
)
9. Report of the Auditor General of the Republic of Trinidad and Tobago on
the accounts of San Fernando City Corporation for the year ended
December 31, 1994.
(
Sen. The Hon. W. Mark
)
10. Report of the Auditor General of the Republic of Trinidad and Tobago on
the accounts of San Fernando City Corporation for the year ended
December 31, 1995.
(
Sen. The Hon. W. Mark
)
11. Report of the Auditor General of the Republic of Trinidad and Tobago on
the accounts of San Fernando City Corporation for the year ended
December 31, 1996.
(
Sen. The Hon. W. Mark
)
12. Report of the Auditor General of the Republic of Trinidad and Tobago on the
audit of transactions pertaining to the Project for Restructuring the
Management of Social Services and Community Empowerment in Trinidad
and Tobago for the year ended December 31, 1998. (
Sen. The Hon. W. Mark
)
13. Report of the Auditor General of the Republic of Trinidad and Tobago on
the audit of the transactions pertaining to the Project for Restructuring the
System of Managing Social Services in Trinidad and Tobago for the year
ended December 31, 1999.
(
Sen. The Hon. W. Mark
)
14. Report of the Auditor General of the Republic of Trinidad and Tobago on
the transactions pertaining to the Project for Enabling Trinidad and
Tobago to prepare its First National Communications in response to its
commitments to United Nations Framework Convention on Climate
Page 9
Papers Laid
Tuesday, July 18, 2000
337
Change per Agreement TRI/98/G81/A/GI/99 between the United Nations
Development Programme and the Government of Trinidad and Tobago for
the year ended December 31, 1999.
(
Sen. The Hon. W. Mark
)
15. Report of the Auditor General of the Republic of Trinidad and Tobago on
the transactions pertaining to the Project for a National Biodiversity
Strategy Action Plan and Report to the CBD as per Agreement
TRI/97/G31/A/IG/99 between the United Nations Development
Programme and the Government of Trinidad and Tobago for the year
ended December 31, 1999.
(
Sen. The Hon. W. Mark
)
16. Administration Report of the Trinidad and Tobago Racing Authority for
the period August 01, 1989 to July 31, 1990. (
Sen. The Hon. W. Mark
)
17. Administration Report of the Trinidad and Tobago Racing Authority for
the period August 01, 1990 to July 31, 1991. (
Sen. The Hon. W. Mark
)
18. Administration Report of the Trinidad and Tobago Racing Authority for
the period August 01, 1991 to July 31, 1992. (
Sen. The Hon. W. Mark
)
19. Administration Report of the Trinidad and Tobago Racing Authority for
the period August 01, 1992 to July 31, 1993. (
Sen. The Hon. W. Mark
)
20. Administration Report of the Trinidad and Tobago Racing Authority for
the period August 01, 1993 to July 31, 1994. (
Sen. The Hon. W. Mark
)
21. 22
nd
Annual Report of the Ombudsman for the year ended December 31,
1999. (
Sen. The Hon. W. Mark
)
22. Report of the Auditor General on the audit of transactions pertaining to the
Project for Restructuring the System of Managing Social Services in
Trinidad and Tobago for the year ended December 31, 1998.
(
Sen. The
Hon. W. Mark
)
2.05 p.m.
CARIB COMMUNITY
(Day of Recognition)
The Minister of Culture and Gender Affairs (Sen. Dr. The Hon. Daphne
Phillips):
Mr. President, I thank you for the opportunity to make a statement on
the declaration of October 14 as the day of recognition of the Carib Community of
the Republic of Trinidad and Tobago. On July 12, 2000, the Cabinet of Trinidad
Page 10
Carib Community (Day of Recognition)
Tuesday, July 18, 2000
[SEN. DR. THE HON. D. PHILLIPS]
338
and Tobago approved a recommendation by the Minister of Culture and Gender
Affairs, on the instruction of the hon. Prime Minister, which was based on a
request of the Carib community for identification of a day of recognition. This
day of recognition, which is to be commemorated on October 14 annually, is
based on the acknowledgement of the contribution and significance of the Carib
community and to the uniqueness of our culture and national life in Trinidad and
Tobago.
The Santa Rosa community in its efforts to lift national awareness of the
culture and history of the indigenous people of Trinidad and Tobago had
requested that a day of recognition to be known as the Amerindian Heritage Day
be designated to all our people of Amerindian origin who have, of course,
contributed to the overall development of Trinidad and Tobago.
The Government of Trinidad and Tobago is of the view that installing an
Amerindian Heritage Day into the national calendar would serve to highlight,
educate and instil a sense of pride and recognition of the history, presence and
cultural contribution of the first peoples of Trinidad and Tobago.
October 14 was identified at the request of the Carib community as a
significant celebration of Amerindian Heritage Day, because it commemorates
that historical day in 1637 when Hyarima, a war chief based in Arima and leader
of the Amerindian resistance to European domination, attacked the Spanish
settlement at St. Joseph. This chieftain was supported by 1,000 native warriors
and Dutch forces from Tobago who destroyed St. Joseph by burning the capital to
the ground. They successfully expelled the Spaniards from Trinidad although only
for a short time. Hyarima is considered to be one of the earliest national heroes of
Trinidad who devoted his entire life to the protection of his homeland from
Spanish invaders.
According to Mr. Ricardo Bharath Hernandez, President of the Carib
community, at the launch of the International Indigenous Gathering 2000:
"...history tells us that there were several tribes living in Trinidad long
before Columbus landed on our shores. We are also knowledgeable of
historical records of the decimation of our Ancestors as the colonizers set
out to claim this land for their masters.
`Although we have no more pure Amerindians in Trinidad or Tobago, we
do have descendants of the original inhabitants, who can be found all over
this country. Arima is, however, the only place where we can still find an
Page 11
Carib Community (Day of Recognition)
Tuesday, July 18, 2000
339
organised community, called the Santa Rosa Carib Community. The Santa
Rosa Carib Community is made up of descendants of the surviving
populations of Indian villages that were amalgamated to form the Mission
of Santa Rosa de Arima, which is today the town of Arima. Many (of the
Santa Rosa Community) can trace their ancestry to the original families
who settled there from Caura, Tacarigua and Arouca.
The Amerindians, having eventually been converted to Catholicism,
adopted Santa Rosa, the first saint of the New World, as their Patron Saint.
Today, the Carib community's celebration of the Feast of Santa Rosa is in
itself its own peculiar hallmark of Tradition.'"
Mr. President, after having been formally identified in the 1986-1991
administration for assistance with the celebration of Amerindian heritage, which
has continued today in the form of an annual subvention, the Carib community
through its leader has stated, and again I quote:
"We believe that a Day of Recognition, not a Public holiday, is important
as it would serve to highlight our Amerindian heritage. Educational
programmes and other events will be planned with the intention of
reawakening a sense of pride and interest in the heritage among the
descendents of the First People of this nation. It will further serve to sensitize
the national community to the fundamental contribution made to the
distinctive culture of Trinidad and Tobago by the First Peoples of this land.
The date we suggest is October 14. This date is of special significance,
because it is on this date in 1637 when Hyarima, the great Amerindian Chief
based in Arima carried out his most daring act in defence of his people and his
land when he attacked and destroyed St. Joseph, the centre of Spanish
colonialism in Trinidad and Tobago. We are suggesting that this day be called
Amerindian Heritage Day.'"
Mr. President, based on the request of the Carib community, the Government
of Trinidad and Tobago is pleased to declare October 14, 2000, the first official
day of recognition of Amerindian heritage in Trinidad and Tobago. This date,
which is not a public holiday, is to be placed on the national calendar and
observed annually in recognition of the contribution and survival of the
Amerindian people, their culture and traditions in Trinidad and Tobago.
Mr. President, I thank you.
Page 12
Citizenship of T&T. (Amdt.) Bill
Tuesday, July 18, 2000
340
CITIZENSHIP OF THE REPUBLIC OF TRINIDAD AND TOBAGO (AMDT.) BILL
Bill to amend the Citizenship of the Republic of Trinidad and Tobago Act,
Chap.1:50 [
The Minister of Public Administration
]; read the first time.
Motion made
, That the next stage be taken at the next sitting of the Senate.
[
Sen. The Hon. W. Mark
]
Question put and agreed to
.
ARRANGEMENT OF BUSINESS
The Minister of Public Administration (Sen. The Hon. Wade Mark
): Mr.
President, I seek leave of the Senate at this time to deal with "Bills Second
Reading" at this stage of the proceedings instead of "Motions".
Agreed to
.
STAMP DUTY (SPECIAL PROVISIONS) BILL
[Second Day]
Order read for resuming adjourned debate on question
[July 11, 2000]:
That the Bill be now read a second time.
Question again proposed.
Mr. President
: Senators will recall that the hon. Minister of Finance,
Planning and Development had moved that the Senate resolve itself into
committee to consider the Bill clause by clause, but had requested a postponement
of the committee stage to today's sitting. In the circumstances, the Senate will
now resolve itself into committee.
Bill committed to a committee of the whole Senate.
Senate in committee
.
Clauses 1 to 3 ordered to stand part of the Bill
.
Clause 4
.
Question proposed
, That clause 4 stand part of the Bill.
Sen. Kuei Tung
: Mr. Chairman, when this Bill was debated last week, I
indicated that whilst these Bills were money bills that I would send this one to the
committee merely so that I would have the opportunity to provide some
explanation to hon. Senators with respect to the purpose of clause 4.
The explanation reads:
"Clause 4 would permit the Minister by Order..."
Page 13
Stamp Duty (Special Provisions) Bill
Tuesday, July 18, 2000
341
The Minister here is the Minister of Finance, Planning and Development.
"subject to negative resolution, to vary the amount of any stamp duty or
fee which was previously payable by adhesive stamps or postage stamps."
Mr. Chairman, this clause is applicable to those government departments
where payment for services provided by those departments is in the form of
stamps. The Registrar General's department is the prime collector of fees for
services and certificates payable by means of postage stamps.
Clause 4 is intended to address those situations where under existing written
law the amount of stamp duties or fees is stated in the body of the particular Act
of Parliament. For instance, in the body of the Marriage Act, which is to be found
at Chap. 45:01, it specifically states the amount of fees payable in respect of the
issue of a presidential licence, where the normal notice for marriage is dispensed
with. Also, certain fees are payable for searches made in any marriage register or
for the issue of certified copies of entries made in a marriage register.
The idea behind clause 4 is to allow for greater efficiency in simultaneous
amendment to several pieces of legislation whenever stamp duties or fees are
payable. In other words, rather than having to amend each Act of Parliament
separately, the draftsman has come up with a creative legislative technique which
would allow several duties and fees referred to in these Acts to be amended
through one single statutory instrument. In other words, it is for mere ease of
convenience that it is being done this way.
It is not intended that the Minister would be changing fees and duties on a
whim, as it were, or a daily basis. It is only when those fees and duties are
changed that, instead of having to come back and change several pieces of
legislation, which are governed by several different fees and duties, it is being put
in this way so that we would have an opportunity to change those fees and duties
without having to amend every piece of legislation that is so affected.
Apparently, there are several Acts. For argument's sake, the Minister is
empowered to issue an order under the new amendment varying the duties and
fees referred to in the Marriage Act, the Births and Deaths Registration Act, the
Registration Act, the Registration of Deeds Act and the Stamp Duty Act. So each
time stamp duties or fees are paid we would have to come and change each one of
these Acts, for argument's sake. Rather than having that, this amendment allows
me as Minister to make an order changing those fees and duties, and then come
here by resolution to have it confirmed.
Page 14
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Tuesday, July 18, 2000
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I would concede, however, that I do not think it should be done by negative
resolution. I would prefer if it were done by affirmative resolution. I, therefore,
would suggest that we amend clause 4 to read:
"The Minister may by Order, subject to affirmative resolution of
Parliament, vary the amount of any stamp duty or fee."
It is normal for these stamp duties and fees to be changed, normally like at
budget time. It is not that it would be changed on a regular monthly basis. If it
should be changed it is easier to do it this way, which is by order and having that
order affirmed by Parliament. That allows any increase in stamp duty or fee to be
subject to the Parliament.
2.20 p.m.
Mr. President, with that explanation, I hope Senators will support the
amendment which is amended to read:
"By affirmative rather than by negative resolution."
Sen. Rev. Teelucksingh:
Mr. President, it is just the use of language there,
but I think I understand what the hon. Minister is saying, he is saying to vary the
amount of any stamp duty or fee...
Sen
.
Kuei Tung:
But only those that are captured by this amendment.
Remember we are amending a specific section of the Stamp Duty Act which is
Chap. 76:01, I think, and those under that Chapter. So I do not think for
argument's sake that it captures stamp duty on transfer of property.
Sen. Rev. Teelucksingh:
I hope, Sir, that five years from now that
explanation will be written somewhere for some public servant to understand it,
or possibly, many years from now, another Minister to understand that particular
explanation if the language stays as it is.
Thank you.
Sen. Kuei Tung:
Bear in mind that the Order will not take effect until it is
debated by Parliament now that it is affirmative. Even if I place the order, it
cannot go into effect until Parliament affirms it by resolution. So I hope that
would provide enough safeguard for parliamentary checks.
Question put and agreed to.
Clause 4, as amended, ordered to stand part of the Bill.
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Clause 5 ordered to stand part of the Bill.
Question put and agreed to,
That the Bill be reported to the Senate.
Senate resumed.
Bill reported, with amendment, read the third time and passed.
COMMUNITY MEDIATION (AMDT.) BILL
Order for second reading read.
The Attorney General and Minister of Legal Affairs (Hon. Ramesh
Lawrence Maharaj)
: Mr. President, I beg to move,
That a Bill to amend the Community Mediation Act, 1998 be now read a
second time.
Mr. President, the purpose of this amendment is quite simple, that apart from
stating its purpose, I will give to Senators a general background to it and what has
happened since it has been passed in Parliament and give some indication when
the parent Act would be implemented.
This amendment seeks to amend the parent Act by adding greater detail to
Part II of the Act which deals with mediation in civil matters. I will explain it
further when I am going through the Bill, but that is one of the purposes of the
amendment.
The second purpose is that clause 3 seeks to amend section 5 of the parent Act
to prevent adjourned matters from being treated as part heard. What that means is
that when the matter is called in court and the magistrate adjourns the matter for
persons to consider whether there can be agreement on mediation, we wanted to
close the loophole that people could not say it had to go back before the same
magistrate so the matter would not be regarded as part-heard in those
circumstances.
Clause 4 would amend section 12(3) of the Act so as to deem the matter
completed by mediation, as dismissed by the court, bringing a sense of finality to
the closure of the process. In section 12(3) of the Act, one sees that instead, we
have the expression "determined by mediation" and we want to use the word
"dismissed" so that there can be finality to it.
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With respect to the First Schedule of the Act, there has been an additional
offence included, and that is the offence of petty trespass.
Mr. President, hon. Senators would recall that under the parent Act, the
Parliament passed for the first time a law which gave powers in petty criminal
matters for mediation to take place. In section 3 of the parent Act, a person who is
charged for the first time with an offence which was listed in Schedule I of the
Act and has not been convicted of any other offence was eligible for mediation.
Hon. Senators would recall that in the First Schedule there were some of the petty
criminal matters in which we had stated we were going to start the process and
included offences such as assault and battery, unlawful and malicious damage and
so forth.
The procedure was that the court trying an offence alleged to have been
committed by a person who was eligible for mediation would inform the
defendant and the
de facto
complainant that they may jointly or separately apply
for mediation and where a person who decided to apply for mediation indicated to
the court that he intended to apply for mediation, the court may then adjourn the
hearing of the complaint to allow them time to come back. I am saying this so
hon. Senators may refresh their memory on what the original Act was about.
In section 7 of the parent Act, the court would not approve an application for
mediation unless it was satisfied about certain matters which included a report
from the probation officer that the matter was one which could have been done in
a criminal matter by mediation, and also that the parties agreed to the mediation
and to the mediator.
In section 8 of the parent Act when the mediation order was made, the court
would then make the order for the person to attend such mediation centres at such
time as the court may order. The kind of orders under mediation were things like
community service, work for the complainant, participation in educational or
rehabilitative programmes and even compensation for the complainant, and there
were other provisions of the Act dealing with the criminal matters, and mediation
in civil matters in Part II of the Act, and this dealt with the process in respect of
mediation in civil matters.
Mr. President, hon. Senators would recall that this measure did not come into
effect on the assent of the Bill, it said it would come into force on a date to be
proclaimed and the reason for that was that it was recognized that in order to
implement this Bill, there were to be officers trained in mediation and, therefore,
there had to be a programme for persons to be trained. What has happened since
then to now was that there was a training programme and persons have been
interviewed and are in the process of being selected.
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The Ministry of the Attorney General and the Ministry of Social and
Community Development in conjunction with the United Nations Drug Control
Programme sponsored a seminar and the United Nations Drug Control
Programme assisted in the training measures in respect of these particular
measures, and those persons are about to be appointed. We also needed mediation
centres.
Hon. Senators would also recall that there was a pilot project study which was
done by Dr. Ramesh Deosaran and it was agreed that we would have mediation in
three centres initially in Trinidad and Tobago. They were to be in San Juan,
Cunupia, and one would be in Tobago. We have decided to stagger the staff and
have mediation throughout Trinidad and Tobago although there would be these
three centres and use some of the government buildings on a temporary basis and
some of the community centres in order to have the mediation. That has been put
in place and it is expected that in the third week in August the Community
Mediation Centres would be opened and staff employed and the Act implemented.
Sen. Mahabir-Wyatt:
Mr. President, I wonder if the hon. Attorney General
would be so kind in his opening address to clarify two matters for me? One is
under section 14(2) to which he just referred which says: "Where a party informs
the court of his willingness to apply for mediation..." Does this mean that both
parties have to agree to the mediation? Because my reading of section 14 does not
seem to indicate that and your words do seem to indicate that.
Secondly, in relation to training for the mediation, could you give us a few
details about the number of persons and how long this mediation workshop went
on? It is very important.
Hon. R. L. Maharaj:
Mr. President, on the last aspect of it with respect to the
mediation workshop, there was a workshop on a weekend which initially
identified some of the things which have to be done, but the Ministry of Social
and Community Development did over a training programme, but I do not know
exactly how long it took. What I do know is that persons had been interviewed by
the Ministry and it is in the process of selecting.
With respect to section 14, if you will permit me, I will explain that a little
later as I go through the Bill. So the mediation centres would be ready and they
are expected to launch the programme. In addition to that, it was also agreed that
the Government would sensitize the population about these matters and a
programme has been put in place which also includes a skit explaining what is
mediation. That would also be on the air in three weeks' time and there will be
pamphlets so people would understand what it is.
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Mr. President, that being the case, what happened is that this seminar
sponsored by the United Nations Drug Control Programme and the two ministries,
when we were going through the Act which was passed, we had invited to that
meeting Mrs. Donna Parchment, the Director of Alternative Dispute Resolution
from Jamaica and it was found that there were certain matters to consider whether
we should amend in the Act. It is based on those recommendations that we have
come with these amendments which I will go through to explain the point.
Mr. President, hon. Senators, you would also recall that when we piloted this
Bill which has become the parent Act, we indicated that there were studies done
by the University of the West Indies which showed that seven out of ten crimes
reported to the police were minor and were committed by juveniles and young
adults. It was felt that if there could have been measures which would take away
the young people and these first-time offenders from having to go to court to face
that process of a court case, it would be in the interest of society and it was in this
context we tried to adopt this model of having community mediation in criminal
and civil matters.
2.35 p.m.
So, Mr. President, with that in mind, let me see if I could explain the Bill and
in explaining the amendments, I will try to deal with the points raised by hon.
Sen. Mahabir-Wyatt. If one looks at the Bill, one would see that clause 3-I will
not deal with clauses 1 and 2 because they are self-explanatory-says:
"Section 5 of the Act is amended by inserting after subsection (3), the
following subsection:
`(4) Where the Court adjourns the hearing of a complaint under
subsection (1), the Court shall not treat the complaint as part-hard.'"
Mr. President, well, I think hon. Senators would recognize that but I would
just explain it. When one looks at section 5 of the Act it reads:
"Where a person who is eligible to apply for mediation indicates to the
Court that he intends to apply for mediation, the Court may adjourn the
hearing of the complaint in order to allow him sufficient time to make his
application."
So, if, for example, when the matter comes back it says, well, this matter is
part-heard, you may have a situation that exists all the time, where matters do not
come up before the same magistrate and, therefore, the point could be taken that if
it is a new magistrate the matter is part-heard and, therefore, it has to go before
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that magistrate and that magistrate may be transferred to a different jurisdiction.
So the intention of this amendment is really to try to prevent that process. I trust
that hon. Senators understand that.
Under clause 4 of the Bill it attempts to amend section 12(3) of the parent Act
which says:
"Where the Court records that a complaint is determined by mediation,
neither the defendant nor the
de facto
complainant may initiate any legal
proceedings in any court of law in respect of the matter so determined."
What happens is, after the parties have agreed and the court has accepted the
order in respect of the matter, the court has to record that the matter was
determined.
Mr. President, in the parent Act, the Government had used the words
"determined by mediation" and, perhaps, having considered what other
jurisdictions had done, it was suggested to us that we should, as a matter of
caution, use the word "dismissed" so that it would bring an end to the matter, and
there can be no argument that a matter is still pending. So, that is all that has
happened in this particular clause.
Mr. President, I should mention however, on reading the parent Act, it seems
to me that there must be an agreement on both sides in order to have the
mediation. Hon. Senators would recall that when the Government came with this
Bill, the Government said it had to start somewhere. In order for the Bill to work,
the Government had to take out of the system, where there would be an
agreement. The Government did give an undertaking that as the law develops, it
will have to come with the full measure in which there will be situations where
there will be different institutions to assist the court. The court will have to make
a decision-it may not be the traditional court that now exists-in the interest of
everyone concerned, whether the person agrees or not, this matter should first go
for mediation. In order for this to work, it had to be on the basis of an agreement
first.
If one looks at section 7 of the parent Act, one would see that a court should
not approve an application for mediation unless the defendant and the
de facto
complainant agree to the determination of the complaint by mediation. But, I
remember clearly, Sen. Mahabir-Wyatt raised the same point. I know Sen.
Mahabir-Wyatt is very committed to the process that it should not only be when
there is an agreement. I support that principle, but I think the Government had to
do this process first.
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Let me deal with Part II o