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Commentary
Government not above the law
Published on: 12/25/2009.
POLITICIANS THE WORLD OVER are known for goofs, gaffes and slip-ups. After all, when you talk as much as they do, you're bound to make a few boo boos now and then.
But Minister of Housing Michael Lashley's description of a multimillion dollar court settlement to Barrack Construction in its dispute with the National Housing Corporation (NHC) as "frivolous and vexatious" was surely a howler.
What makes it such an absurd but frightening statement is the fact that Government has not satisfied the Court's judgment. And this seriously brings into question the rule of law in Barbados and sends the wrong signal.
The action of Prime Minister David Thompson in asking the Government's lawyers to negotiate a settlement and paying Barrack a small part of the judgment is to be applauded as a far more acceptable approach.
As a Cabinet minister and attorney, Lashley must know that Government is a continuum and when one assumes power you have to manage whatever situation you find - whether it's good, bad or ugly.
Such was the case when the Owen Arthur Administration took over Government in 1994 and had to deal with repaying the eight per cent cut from public servants' salaries. And the dilemma facing United States President Barack Obama, who didn't sanction the start of the war in Afghanistan, but is saddled with it.
In the Barrack issue, it was a contractual dispute between a Government agency, the National Housing Corporation (NHC), and a construction entity headed by Al Barrack that went to arbitration by mutual agreement in July 2002.
The arbitrator, former Chief Justice Sir Denys Williams, awarded Barrack $34 490 518 compensation, plus interests and other charges which brought the total award to just over $50 million.
The NHC's attorneys appealed the decision, citing 14 instances of errors of law. They further asked the judge to remit or set aside the award. However, Justice Jacqueline Cornelius on July 18, 2008, dismissed the NHC claim saying she had found no reason to comply with the NHC's wish.
Justice Cornelius then granted leave to Barrack Construction to enforce the September 6, 2006, award by the sole arbitrator.
That debt has not been paid and with interest has grown to about $60 million.
This is a serious legal matter in which Barrack has the upper hand by virtue of the Court decisions in his favour. Lashley should therefore not be aggravating an already delicate situation by his statements, and needs to draw a line between playing party politics and being a Cabinet minister.
Another aspect of this Barrack issue that seems to have been forgotten is why the five-storey Warrens Office Complex was built. Government anticipated saving $20 million annually in rent when the five-storey complex was fully occupied.
The often heard sentiment about how many housing solutions could have been built with the millions invested in this building should be analysed with this perspective in mind.
Though one can score political points on the handling of this matter by the former administration, the fact is that this is not an issue for politicking.
This is a matter about governance and the regime in power must conform to the law by upholding the courts' judgments.
In spite of the prevailing economic situation where the Government may be cash strapped, some arrangement should be made to settle with Mr Barrack and assure Barbadians that the administration does not consider themselves above the law.
21 comment found!
Government not above the law : 1/1/2010
This is by far, the best commentary I have seen on this issue so far. Dealt with the facts and figures, and kept the politics and race out. Kudos to the writer.
There are other matters that the Prime Minister needs to be aware of also. Someone, please ask the Prime Minister if he knows of the well being of his Supervisor of Insurance. At what poing has(did) his health taken a turn for the worse.
Why is the Solictor General draggin her feet on matters in her chambers that predates 2002?
Why are Insurance Companies not complying with the Financial Rules under which they operate?
Are the insurance companies growing their profit base by not "paying the small man" his dues, but rather using money from one settlement pay/complete payment on another claim?
Why has the Primie Minister not as Minister Lashley, or, Minister lashley not shown he is man enough to apologize to Mr Barrack and the People of Barbados.
Now since these are biting questions and have serious ramifications. I have signed with my alias.
: 12/11/2009
: 12/9/2009
If you take the pictures you can expect them to end up over the internet etc, SIMPLE SOLUTION- DON'T TAKE THE PICTURES
sexting : 12/9/2009
The woman or man who send 9private information ) in any form to a partner could not be condemned as Rihanna admitted she sent her pics to a boyfriend. she did not post them on a social network or in a public forum. She should feel betrayed yes but she can still stand tall. i think it is moronic on the part of a partner to demean an ex by publicising what was a moment of enjoyment shared with a partner. The recieving partner should think before acting and would they see less reason to betray trust.
I will confest here that I had some dirty havits towrds women I dealt with and worked hard on curing myself of them as when I look back I WAS THE ULTIMATE LOSER.
The guy who shares his ex girlfriend's nude pics is nothing more than a loser Tell him I say so
NOTHING WRONG : 12/9/2009
WITH TEXTING YA BOY FRIEND A PICTURE OF DE CAT BUT SOMETHING WRONG GOING IN THE NASTY STIPCLUB THAT BARBADOS ALLOW TO OPEN BUSINESS AND ENCOURAGING DE FOREINGNER TO SHOW THE PARTS TAX FREE .PROSTITUTION IS THE LONGEST PROFESSION LET THEM PAY TAXES HERE.
Ummm : 12/8/2009
Dear NN,
It seems like there's a technical glitch with the comments. At first I thought someone was stretching reeeeal hard with the barrels comment but someone else is talking about Mascoll and education...I think you guys need to add a where clause to your sql query
More Pics : 12/8/2009
More Pics Ri Ri. We want more pics. Perhaps you can put together a pictorial for the young girls to see what are some of the best shots and angles to take for the boyfriend. Let me know if you need my 'services'!
dumb and dumber! : 12/7/2009
President O is right...be careful what you post, be careful what you take pictures of. this is the digital age, one picture can be around the world in one minute. it is not worth your self-respect, don't listen to stupid people who encourage this low-class behavior.
trashy actions beget trashy consequences.
: 12/7/2009
Sexting is nothing new to B'dos, folks have been doing that since they got cell phones. Please do not blame "America" for this.As you stated, there have been several explicit photos of local women all over the internet. Growing up in Barbados I know that there is lots of undercover promiscuity in Bajan society. In the digital age things have now moved to a new level. Once you take that photo or make that video and post it, it will be around forever and what's more, you have no control over who sees it.
: 12/6/2009
What sweetens goat mout,does offfen bun he tail.
facebook : 12/6/2009
The old way is the best.Facebook, Hi5 and the internet is not the best things life it have the people out orden
: 12/6/2009
oh THE WOMEN of the world ! Where are you looking to take the world. You have asked for equality -you have it. You asked for money and position-you have it-Now where are you going to do with that 'power' ?
Please Help Me : 12/6/2009
Can somebody please tell me what the sexting article has to do with Barbadians abroad sending home money and barrels at this seasons?
Most of my relatives can sell their pictures and by food for themselves
Who's the Author : 11/26/2009
Would you be so kind as to give us the name of the person who wrote the commentary or article. You've done this quite often in the past and its quite disturbing. Nevertheless, the comments are timely. Barbados has never been serious about dealing with the abuse of alcohol. It does not treat it as a drug and it claims it's abuse as a bajan pastime. I know that apart from cricket, sugar and political figures, Barbados is known for its rum, but that should not be a deterent in updating and introducing laws to deal with the abuse of alcohol. The Breathalyser should be introduced sooner rather than later.
: 11/23/2009
QUOTE "Help Bdo's : 11/18/2009
All you over seas bajans this is the time
to help Barbados. let's send home money
what ever we can to help the country.
Barbados need us now."
I wonder where you are living to make such a request. I wonder of you know what the USA economy is like at this time. I wonder of you know that Bajans have taken their hard earned money and bought food stuff to send home in barrels by the hundreds every year, especially at this time. I know one person in particular who cannot send home a barrel this year because they are unemployed, and that is just one that I know, think of those who I do not know. Just think Mortgage/rent, support for family, credit cards, necessities for living and the list goes on.
I wonder if you still think Bajans abroad feeling the recession are able to send home the funds and barrels as customary.
I wonder!!!
: 11/22/2009
No it is not the idea about the ability of Bajans to "hold their drinks" that for years has prevented us from taking serious action against drunk drivers.
It is who or rather "the who's who" that we might be forced to drag before the court.
And which constable will risk his 'little pick'? or jeopardise his promotion possibilities?
This is only my opninion anyway
WRONG : 11/22/2009
Drinking alcohol is in no way accepted in Barbados as pudding and souse and i GUARANTEE you that if a survey were tomorrow at least 60% of Barbadians would ask for a breathalyser in our fight against drunk driving and a similar would also agree for a ban on cell phones whilst driving.
All that needs to be done is for JOHN BOYCE to do some work for a change and have the guts that Rommel Marshall had as Minister of Transport and Works when he introduced the seat belt laws.
Have we seen a gradual decline in serious injury accidents and a levelling off of fatal accidents since then.
OUR PRIME MINISTER need help in running the country. he and the few capable ones cannot do it alone
BAJAN
Help : 11/20/2009
The idea seems good, but for your information, there are Bajans in Barbados that are faring by far better than a lot of us overseas. The monies those of us have been sending home for years to family members and to pay taxes on properties, etc., has been helping the government tremendously.
Help Bdo's : 11/18/2009
All you over seas bajans this is the time
to help Barbados. let's send home money
what ever we can to help the country.
Barbados need us now.
Mr. Mascoll : 11/16/2009
Therefore Mr. Mascoll your expertise is needed. I hope I did not mis-spell your name. Put your difference aside and realize you have much to offer the people of Barbados.
"Congratulations" : 6/7/2009
From all of the reporting it appears as though ALL 3000 students did "very well". I trust there is enough space in the "TOP" 6 or 8 secondary schools for all 3000 who did "very well". While focusing on the positive outcome of the 11 plus exercise, one would expect fair and balanced reporting of the over all peformance of these 3000 Barbadian students. What is to become of the "poor performers"? This needs more research and investigative reporting, and hopefully a topic in future editorials.
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