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
C M Y K