Page 8 - Observer January 20, 2017
P. 8

Page 8                                       The St. Kitts-Nevis Observer. Friday January 20, 2017                         LOCAL NEWS
                                                                                  Government Ministers can


                                                                                       be sued for Competing

                                                                                        Business says Wilkin




                                                                                 By Loshaun Dixon         affected by the active  public officers, including
                                                                                                          engagement by a Minister  Ministers of Government
                                                                                 Basseterre, St. Kitts-A  in a rival business to sue  and opposition politicians,
                                                                                 prominent lawyer in St.  the Minister.           to sign and to follow.
                                                                                 Kitts and Nevis says
                                                                                 Ministers of Government  “Claims available include  “The pending Integrity in
                                                                                 involved in business can  damages for loss suffered  Public Life Act also has
                                                                                 be sued by people who are  and an injunction to stop  enforcement mechanisms,
                                                                                 affected financially by the  the Minister. The Minister  including prosecution, for
                                                                                 Minister’s business.     cannot  therefore  hide  breach of the Code of
                                                                                                                                   Ethics. Those are wide
                                                                                 Recent   developments                             and excellent provisions
                                                                                 surrounding the register-                         which should be adopted
                                                                                 ing of a business by                              by the Team Unity gov-
                                                                                 Government   Minister                             ernment,” he said.
                                                                                 the Hon. Ian Patches
                                                                                 Liburd has received                               He added that represen-
                                                                                 sharp criticism from                              tatives of the Peoples
                                                                                 Charles Wilkin QC as                              Action Movement when
                                                                                 well as from the leader                           in opposition introduced
                                                                                 of the opposition.                                into   the   National
                                                                                                                                   Assembly    its  own
                                                                                 Late in 2016 reports sur-                         Integrity in Public Life
                                                                                 faced that Minister of                            Bill.
                                                                                 Public Works Liburd
                                                                                 had established a build-                          “Will that Bill be reintro-
                                                                                 ing materials company                             duced now that they are
                                                                                 and was in competition     Charles Wilkin QC      in power?,” he asked.
                                                                                 to win government con-
                                                                                 tracts from the Ministry                          Former Prime Minister
                                                                                 he controls.             behind Cabinet for protec-  of St. Kitts and Nevis the
                                                                                                          tion,” he said.         Rt.  Hon.  Dr.  Denzil
                                                                                 In December, Mr. Liburd                          Douglas commented on
                                                                                 admitted to members of   He further explained some  the Matter on his radio
                                                                                 the media to registering a  examples of a public offi-  program Tuesday. He sug-
                                                                                 business   management    cial’s  private  interest  gested that the registering
                                                                                 consultancy  firm   but  include ‘any advantage to  of what is rumoured to be
                                                                                 claimed that was the only  himself or herself, to his or  a construction company is
                                                                                 step he had taken.       her family, close relatives,  laying the foundation for
                                                                                                          friends and persons or  corrupt practices as the
                                                                                 He also said as a citizen of  organization with whom  Federation continue its
                                                                                 the Federation he had a  he or she has had business  infrastructural develop-
                                                                                 right to register the busi-  or potential relations. It  ment in housing.
                                                                                 ness and also had the right  also includes any liability
                                                                                 to move the process for-  whether financial or work  “It must not be along the
                                                                                 ward if he desired.      relating thereto.’      lines that members of the
                                                                                                                                  government will quickly
                                                                                 However    Mr.  Wilkin   Wilkin said the public  put in place construction
                                                                                 shared a different view  official may be the only  companies, so that they
                                                                                 from Liburd on the matter.  person who knows if he is  would benefit from the
                                                                                                          in such a situation. That  construction of homes that
                                                                                 Wilkin was invited by The                        have come from the
                                                                                 Observer to comment on   Minister has a “personal  money of our social secu-
                                                                                                          responsibility to (a) be
                                                                                 the issue and stated a com-  alert to any actual or  rity scheme,” he said.
                                                                                 mentary he did on local
                                                                                 radio last week, indicating  potential conflict of inter-  Dr. Douglas said there are
                                                                                                          est; (b) take steps to avoid
                                                                                 he had no further com-   such conflict; (c) disclose  others in the private sector
                                                                                 ment on the matter.                              who should be given a fair
                                                                                                          to his or her superiors any  opportunity to compete
                                                                                 Wilkin spoke of conflicts  such conflict as soon as he  with each other, and not
                                                                                 of interest on the part of  or she becomes aware of  have to compete with
                                                                                 Ministers of Govern-ment,  it; (d) comply with any  Ministers of government
                                                                                 noting that a Minister who  final decision to withdraw  or officials who are sitting
                                                                                 allows his personal bene-  from the situation or to  in a cabinet to make deci-
                                                                                 fits to conflict with his  divest himself or herself of  sions and thus becoming
                                                                                 public duties “breaches his  the advantage causing the  glaringly in conflict of
                                                                                 Oath of Office and may be  conflict.”            their interest.
                                                                                 guilty of misfeasance in  The lawyer said the indi-
                                                                                 public office.”                                  The now Leader of the
                                                                                                          vidual  holding  public
                                                                                 “Engagement     by   a   office  should  declare  Opposition also said the
                                                                                                                                  delay in the building of a
                                                                                 Minister in business, a  whether or not he or she  second pier at Port Zante
                                                                                 profession or occupation  has a conflict of interest.  may be due to members of
                                                                                 is a breach of duty and                          Cabinet hoping to benefit
                                                                                 misfeasance in public    He stated the last National  privately from.
                                                                                                          Assembly passed integrity
                                                                                 office,” Wilkin stated.
                                                                                                          in Public Life Legislation
                                                                                 He explained that the law  that was not enforced but  “We believe that as we
                                                                                 permits individuals whose  contains  a  Code  of
                                                                                 business is financially  Conduct which requires      Continued on page 14


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