Public Sector Governance in Tobago – 16th March 2011

Two foreign businessmen, John and Tom, desirous of getting involved in the tourism sector in Tobago, pen letters to separate governmental entities.  John sends his to the Tourism and Transportation Secretary in the Tobago House of Assembly while Tom writes to the Minister of Tourism in Trinidad.  Both letters are answered.  The Tourism Minister replies indicating that although his Ministry has overall responsibility for tourism in the country, the Tobago Hose of Assembly is responsible for Tourism in Tobago. Therein lies the crux of the matter in relation to governance in the public sector in Tobago.

In short, in the sister isle, two entities – the THA and the central government – deliver public sector goods. The THA’s Act No 40 of 1996 outlines the responsibilities that fall under the purview of the Assembly.  Act No 40 of 1996 is part of the Constitution of Trinidad and Tobago. Thus it was appropriate for the businessmen to write both institutors. In the delivery of goods and services, in the areas of tourism, the authority and responsibility are clear.

However, in other areas of delivery, some shades of grey exist. The apparent ambiguity in the minds of the general public in relation to the public sector is very much unlike the perception of the workings of the private sector. The public sector in Tobago is not governed by the THA Act; instead it is directed by the laws, rules and regulations of Trinidad and Tobago.  The only exception of this is that all taxes paid by the private sector in Tobago are kept on the island and form part of the overall Fund form which the Assembly spends.

To understand where the responsibility of the central government ends and the THA’s begins is to give the THA Act more than a cursory glance. For instance, it is crucial to note that in Tobago, the Tobago House of Assembly is similar to the government of Trinidad.  Moreover, matters relating to the powers of the Assembly and the institution’s relationship with central government are sacrosanct in Tobago. According to the Co-ordinator of the Citizens Security Programme in the Ministry of National Security, the THA has ‘certain delegated powers’ which are enshrined in Act No. 40 of 2996 and gives the THA executive authority.

The Assembly has control over areas of responsibility stated under the Fifth Schedule: Finance, State lands, tourism, museum, culture and the arts, agriculture, fisheries, food production, forestry, health, education, housing, community development, co-operatives, infrastructure, sports, town and country planning, telecommunications, highways and roads and “such other matters as the President may, by Order, assign to the Assembly.”

Likewise, the Act outlines the areas outside the jurisdiction of the Assembly. They fall under the Sixth Schedule. The THA is not responsible for the President, national security, foreign affairs, civil aviation, meteorology, immigration, legal affairs, and the judiciary, the Auditor General, the Ombudsman and the Service Commission. Additionally, the Act, under the Seventh Schedule, identifies all the services that are to be performed by the central government in Tobago and administered by the Ministry of Tobago Development (formerly known as the Ministry of Tobago Affairs).  The list is not exhaustive, as it would be beyond the scope of this article.

In the same way that the Constitution directs that the Cabinet of Trinidad and Tobago be responsible for and carry out the duties of the government, so too the Constitution dictates that he Executive Council of Tobago “(carries) out the functions of the Assembly.”

The Members of the Executive Council shall be individually and collectively responsible to the Assembly”, the law states.  The Act also states that “the Assembly is a public body for the purposes of Prevention of Corruption Act, 1987” and “members of the Assembly are persons in public life for the purposes of the Integrity in Public Life Act, 1987.”  It adds that the actions of the Assembly are “subject to the Central Tenders Board Ordinance, 1961.”  The Public Life Act has since been amended.

Consequently, the actions of the members of the Assembly are subject to the laws of Trinidad and Tobago.  The Integrity Commission, Ombudsman and Auditor General’s Office are part of the system that monitors what occurs on the island.  The Plenary Sitting, which is similar to the Parliament in Trinidad, also acts as a check in the system.  The questions tabled in the Sitting by the Minority Leader helps bring some clarity to the work done by the Executive Council.  Finally, there are many issues arising out of the Constitution, which determines who delivers public sector goods in Trinidad.

In fact, the matter is further compounded by politics. Many consultations have taken place on Constitutional reform and serious steps are being taken to change the THA Act. Any change will affect which goods are delivered and by whom.  This article does not attempt to discuss many of these concerns but looks at the nucleus of the delivery of public sector goods, that is, Act No. 40 of 1996 and some of its ramifications.