Caption: Prime Minister Dr Keith Rowley. AZP News/Azlan Mohammed
By Dr Neil Gosine
I’M looking analytically at international and Trinidad and Tobago’s laws with regards to the alleged prime minister’s request for a Firearm User’s License (FUL) for his friend Mr Warner. Examining the potential legal and ethical issues surrounding such an act.
In Trinidad and Tobago Laws concerning the Firearms Act, we will notice it regulates the issuance of firearm user’s licenses. According to this act, the Commissioner of Police ( CoP) has the sole responsibility and the discretion to grant or refuse firearm licenses. Any potential or excessive influence or interference in this process is prohibited. Was the asking of the prime minister to the CoP considered influence knowing that he is the prime minister and intimately the CoP works for his government of which he’s the boss? The answer is obvious.
There is an Integrity in Public Life Act put in place for this very thing. That a government official cannot use his or her influential position to put pressure on government appointees. This act outlines the need for public officials to maintain high standards of integrity, must avoid conflicts of interest, and always act in the public interest. Is asking for an FUL for a personal friend in the public interest? Will this be considered misbehavior in public office? Under Trinidad and Tobago law, misbehavior in public office is something where any act by a public official that is unjustified, improper or unlawful can be misbehaving in public office. This includes exerting you perceived influence over other officials.
Under International Laws what are the Norms? The United Nations Convention against Corruption (UNCAC), which Trinidad and Tobago is a signatory, outlines the importance of avert corruption in public offices. It also outlines provisions for ensuring transparency and accountability for public officials.
The Organisation for Economic Co-operation and Development (OECD) Guidelines for Managing Conflict of Interest in the Public Service has put forward best practices to be upheld for avoiding conflicts of interest and maintaining the integrity of public service. They reject any form of excessive influence or unfair preferences. Why can’t a businessman who isn’t a friend of the prime minister get this preferential treatment? Obviously because the PM will not intervene on his behalf. So it’s unfair that a friend will get preferential treatment.
The alleged incident where the prime minister requested to carry a firearm user’s license for a friend can be seen as an attempt to exert excessive influence over the CoP. This has the perception undermining the independence of the commissioner’s decision-making process. This means also it is contrary to the principles of fairness, unbiased and equitable frameworks outlined in both domestic and international laws.
There is definitely a conflict of interest here. By intervening in this issue of a firearm license, the prime minister may have brought a perception of a conflict of interest, which is harmful to public trust and the integrity of public office. This action could be seen as prioritising personal relationships and friendships over the common man, over the public.
Such an act could also possibly be considered as misbehavior in public office under Trinidad and Tobago law, as it involves a the highest office in the country using their position to benefit a private individual. Is this what we want? Do we want a PM to look after the interests of his friends instead of the people that voted him in?
The request most likely violated international anti-corruption norms and guidelines, such as those set by the UNCAC and OECD. These norms outline that transparency, accountability, and the avoidance of any form of favoritism is strictly prohibited.
Neil Gosine is an insurance executive. He is sometimes a temporary Opposition Senator, an ex-treasurer of the UNC and a former chairman of the National Petroleum Marketing Company of Trinidad and Tobago (NP). He holds a Doctorate in Business Administration, a Master’s in Business Administration MBA, BSC in Mathematics and a BA in Administrative Studies. The views and comments expressed in this column are not necessarily those of AZP News, a Division of Complete Image Limited.
Commentary: PM and His Friend
Caption: Prime Minister Dr Keith Rowley. AZP News/Azlan Mohammed
I’M looking analytically at international and Trinidad and Tobago’s laws with regards to the alleged prime minister’s request for a Firearm User’s License (FUL) for his friend Mr Warner. Examining the potential legal and ethical issues surrounding such an act.
In Trinidad and Tobago Laws concerning the Firearms Act, we will notice it regulates the issuance of firearm user’s licenses. According to this act, the Commissioner of Police ( CoP) has the sole responsibility and the discretion to grant or refuse firearm licenses. Any potential or excessive influence or interference in this process is prohibited. Was the asking of the prime minister to the CoP considered influence knowing that he is the prime minister and intimately the CoP works for his government of which he’s the boss? The answer is obvious.
There is an Integrity in Public Life Act put in place for this very thing. That a government official cannot use his or her influential position to put pressure on government appointees. This act outlines the need for public officials to maintain high standards of integrity, must avoid conflicts of interest, and always act in the public interest. Is asking for an FUL for a personal friend in the public interest? Will this be considered misbehavior in public office? Under Trinidad and Tobago law, misbehavior in public office is something where any act by a public official that is unjustified, improper or unlawful can be misbehaving in public office. This includes exerting you perceived influence over other officials.
Under International Laws what are the Norms? The United Nations Convention against Corruption (UNCAC), which Trinidad and Tobago is a signatory, outlines the importance of avert corruption in public offices. It also outlines provisions for ensuring transparency and accountability for public officials.
The Organisation for Economic Co-operation and Development (OECD) Guidelines for Managing Conflict of Interest in the Public Service has put forward best practices to be upheld for avoiding conflicts of interest and maintaining the integrity of public service. They reject any form of excessive influence or unfair preferences. Why can’t a businessman who isn’t a friend of the prime minister get this preferential treatment? Obviously because the PM will not intervene on his behalf. So it’s unfair that a friend will get preferential treatment.
The alleged incident where the prime minister requested to carry a firearm user’s license for a friend can be seen as an attempt to exert excessive influence over the CoP. This has the perception undermining the independence of the commissioner’s decision-making process. This means also it is contrary to the principles of fairness, unbiased and equitable frameworks outlined in both domestic and international laws.
There is definitely a conflict of interest here. By intervening in this issue of a firearm license, the prime minister may have brought a perception of a conflict of interest, which is harmful to public trust and the integrity of public office. This action could be seen as prioritising personal relationships and friendships over the common man, over the public.
Such an act could also possibly be considered as misbehavior in public office under Trinidad and Tobago law, as it involves a the highest office in the country using their position to benefit a private individual. Is this what we want? Do we want a PM to look after the interests of his friends instead of the people that voted him in?
The request most likely violated international anti-corruption norms and guidelines, such as those set by the UNCAC and OECD. These norms outline that transparency, accountability, and the avoidance of any form of favoritism is strictly prohibited.
Neil Gosine is an insurance executive. He is sometimes a temporary Opposition Senator, an ex-treasurer of the UNC and a former chairman of the National Petroleum Marketing Company of Trinidad and Tobago (NP). He holds a Doctorate in Business Administration, a Master’s in Business Administration MBA, BSC in Mathematics and a BA in Administrative Studies. The views and comments expressed in this column are not necessarily those of AZP News, a Division of Complete Image Limited.