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King’s Counsel Justin Simon confirms that Governor-General can legally commission an inquiry without PM’s approval

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(REAL News) — Noted King’s Counsel Justin Simon says the claim made last Thursday by a government spokesperson – that the Governor-General has no legal authority to call a Commission of Inquiry – is not correct.

During the May 18 post-Cabinet press briefing, Lionel “Max” Hurst made the erroneous statement, claiming the law is very clear on this matter and that it is the Cabinet who makes this decision.

He was referring to the call on Governor-General Sir Rodney Williams – by concerned citizens, members of the clergy, and the United Progressive Party – for a Commission of Inquiry into the Antigua Airways/migrant-smuggling issue that has occupied public discussion since late last year.

Simon says it is understandable that a request has been made for the Inquiry and that Sir Rodney, as the head of State, would wish to consult with the prime minister, as the head of the Government.  In and of itself, that is not an issue, he says.

However, although the law speaks to consultation between both offices, the senior attorney says it does not mean the governor-general has to follow the advice of the prime minister.

While Sir Rodney may opt to hold discussions with the prime minister first, which can be expected, Simon says that Prime Minister Browne – despite his powers under the Constitution – cannot direct the governor-general in these circumstances.  Additionally, he says the head of State is under no obligation to follow the advice or instructions of the prime minister.

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With the public indicating to the prime minister that there is a need for a Commission of Inquiry into the Antigua Airways/migrant-smuggling matter, one should be commissioned to clear the air on these issues, the King’s Counsel says.

Given the tragic boat incident of March 28 (in which at least three Cameroonians drowned) and other related issues, it appears that Antigua and Barbuda was to be used as a transit point for the West Africans to get to other destinations.  Accordingly, Simon says, an investigation is necessary.

Simon says he was not convinced by the Browne Administration’s excuse – that it was duped in the matter of three flights that brought hundreds of West Africans here in November and December 2022.

In the meantime, some residents are asking about the source of funds to undertake a Commission of Inquiry, which is costly, and since the Government complains that it is broke.

They want to know how Sir Rodney would convince the accountant-general to release funds for the Inquiry when the Office of the Governor-General is dependent on the Cabinet or the Ministry of Finance.  to

But, according to Simon, the legislation is quite clear that the governor-general can direct the accountant-general to make the necessary payments.

Meanwhile, Harold Lovell, also an attorney and the former political leader of the UPP, disagrees with Hurst’s comments, as well.

In a letter to the editor of the Daily Observer, Lovell contradicts Hurst, noting that the governor-general can act at his own discretion.

He says the head of state should exercise the authority given to him by the Constitution, and by the Commissions of Inquiry legislation, to act in the people’s interest and to restore or preserve confidence in the conduct of public affairs.

In the meantime, the people are reminded that a precedent already has been set with regards to a governor-general commissioning a public inquiry.

In 2001, former Governor-General Sir James Carlisle ignored the wishes of then Prime Minister Lester Bird and called an inquiry into the Medical Benefits Scheme, since the Director of Public Prosecutions (DPP) was unable, at that time, to deal with a forensic audit of the Scheme.

That inquiry unearthed a number of scandals taking place at the MBS.  At least four persons were charged as a result, including a former Antigua Labour Party government minister and the Scheme’s accountant.

The trial resulted in monies being repaid, the accountant being sentenced to prison, and the minister being fined.

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One response to “King’s Counsel Justin Simon confirms that Governor-General can legally commission an inquiry without PM’s approval”

  1. Gaston, you do not have the authority to stop the GG from consenting to an inquiry. The GG can ignore your suggestion.

    If an inquiry is agreed who knows what Skeltons will be jumping out of Gaston and Olabanjo closet?

REQUEST FOR EXPRESSIONS OF INTEREST

(CONSULTING SERVICES – INDIVIDUAL SELECTION)

 

OECS MSME Guarantee Facility Project

Loan No.: IDA-62670, IDA-62660, IDA-62640, IBRD-88830, IDA-62650

Assignment Title: Senior Operating Officer (SOO)

Reference No. KN-ECPCGC-207852-CS-INDV

 

The Governments of Antigua and Barbuda, Commonwealth of Dominica, Grenada, St. Lucia and St. Vincent and the Grenadines have received financing in the amount of US$10 million equivalent from the World Bank towards the cost of establishing a partial credit guarantee scheme, and they intend to apply part of the proceeds to payments for goods, and consulting services to be procured under this project. 

The consultant will serve as the “Senior Operating Officer (SOO)” for the ECPCGC and should possess extensive knowledge of MSME lending with some direct experience lending to Micro, small and medium-sized businesses, knowledge of the internal control processes necessary for a lending operation and the ability to design and implement risk mitigation procedures. The ideal candidate should possess an Undergraduate Degree from a reputable college or university, preferably in Business, Accounting, Banking or related field, with a minimum of 5 years’ experience in lending, inclusive of MSME lending. The initial employment period will be for two years on a contractual basis. Renewal of the contract will be subject to a performance evaluation at the end of the contractual period. The assignment is expected to begin on September 30th, 2021.  The consultant will report directly to the Chief Executive Officer of the ECPCGC.

The detailed Terms of Reference (TOR) for the assignment can be viewed by following the attached link below. 

 

https://bit.ly/3iVannm

 

The Eastern Caribbean Partial Credit Guarantee Corporation (ECPCGC) now invites eligible “Consultants” to indicate their interest in providing the Services. Interested Consultants should provide information demonstrating that they have:

  • An Undergraduate Degree from a reputable college or university, preferably in Business, Finance, Banking or related field; and
  • Minimum of 5 years’ experience in MSME lending. Applicants should also have:
  • The ability to design and implement risk management procedures 
  • Extensive knowledge of MSME lending with some direct experience lending to small and medium-sized businesses
  • Extensive knowledge of MSME banking operations
  • Knowledge of the internal controls necessary for a lending operation and the ability to design and implement risk management procedures
  • Experience developing and presenting information in public, including responding to questions in real-time
  • Experience lending to MSMEs located in the ECCU
  • Knowledge of marketing and communicating with the MSME sector
  • Ability to draft procedures to be used in a lending operation
  • Familiarity with the mechanics of a loan guarantee program
  • Exceptional written, oral, interpersonal, and presentation skills, and
  • Proficiency in the use of Microsoft Office suite.

The attention of interested Individual Consultants is drawn to Section III, Paragraphs 3.14, 3.16, and 3.17 of the World Bank’s Procurement Regulations for IPF Borrowers July 2016, [revised November 2017] (“Procurement Regulations”), setting forth the World Bank’s policy on conflict of interest. A Consultant will be selected in accordance with the Approved Selection Method for Individual Consultants set out in the clause 7.34 of the World Bank Procurement Regulations for IPF Borrowers. 

 

Further information can be obtained at the address below during office hours 0800 to 1700 hours:

Eastern Caribbean Partial Credit Guarantee Corporation

Brid Rock, Basseterre,

St. Kitts.

Expressions of interest must be delivered in a written form by e-mail by August 11th, 2021, to [email protected]

 

For further information, please contact:

Carmen Gomez-Trigg                                                            Bernard Thomas

Chief Executive Officer                                                          Chief Financial Officer

Tel: 868-620-8144                                                                  Tel: 869-765-2385

Email: [email protected]                                          [email protected]