| The Uff Commission - The Final
sitting
Published Sunday December 6th 2009
The controversial Uff Commission is to start the final round of its
hearings on Monday 7th December 2009 (see timetable below). This
Commission of Enquiry was established to examine and report on the
Public Sector Construction Industry, with particular reference to
UDeCOTT and the HDC's Cleaver Heights housing project in Arima.
The huge sums of money involved and the egos of the parties all
combined with irregular practices in this matter. The combination
produced an unflattering and unforgettable picture of our nation's
leading players under the bright lights of the Uff Commission.
The legal challenge against and resulting resignation of Israel Khan
as a Commissioner was just one outcome of the bold stance taken by the
UDECOTT Board in this matter. The continuing legal challenges mounted by
UDeCOTT against the Uff Commission have greatly diluted the credibility
of this government, even in the eyes of its most loyal followers.
The failure to gazette the Enquiry was yet another strange aspect of
the matter and, although that lapse has now been rectified, we are yet
to hear a cogent explanation as to who was responsible and what was the
reason for the failure. On this count alone, we are nurturing
irresponsible behaviour by allowing this to pass quietly.
The Commission of Enquiry can only make findings based on the
evidence which is properly submitted to it and that is where my concern
is rooted. We are down to the final few days of hearings and it is my
view that the proposed agenda for the final week of hearing is deficient
since it leaves some seminal issues outstanding.
These are key points which could be addressed, even at this late
stage, by the Commission issuing the necessary legal notices to have
these items placed in evidence.
In order of importance, the outstanding issues are –
- UDeCOTT's missing accounts – The main subject of the enquiry is
the operation of UDeCOTT and we have not had their audited accounts
for 2007 or 2008. The Performance Monitoring Guidelines for State
Enterprises, published by the Investment Division of the Ministry of
Finance, requires that these should have been published by now.
UDeCOTT's Executive Chairman, Calder Hart, while testifying to the
Commission under oath on 28th January, stated that all the
outstanding issues with the audit had been resolved and that those
accounts would be published in “...a week or two...”. That testimony
can be accessed from the CoE website at [link]
on page 43. For any Enquiry into the operation of UDeCOTT to make
sound findings, those accounts need to be published now. At the
least, UDeCOTT should write to explain the breach of the guidelines
issued by its shareholder and the undertaking, given under oath by
its high-performing Executive Chairman. Again, I ask – 'Is UDeCOTT
insolvent?'
- Bob Lindquist's missing report – The original concern on the
Cleaver Heights housing project arose when the Prime Minister raised
concerns as to 'Where the Money gone?' and much was made of $10M or
$20M which was said to be missing. The PM used the Budget debate in
Parliament last year to ask the question of the former Minister of
Housing – Dr. Keith Rowley. We were told that the Housing
Development Corporation had appointed the respected forensic
accountant, Bob Lindquist, to probe the project in question. The
Minister of Planning, Housing and the Environment was reported to be
silent on details when questioned on the results of that probe by
reporters. [See – 'Not me and the bacchanal' published in
Newsday on August 29th 2009 – [link]
That is simply not good enough and the Commission needs to get Mr.
Lindquist's findings into evidence. We cannot have a satisfactory
Enquiry if the government is able to control the flow of evidence.
- Housing Development Corporation's output deficit – The Uff
Commission's terms of reference include 'project delivery' and the
HDC has failed to account for this chronic deficit in satisfying its
prime objective – Housing Development. The entire time spent by this
Enquiry on housing has been only in respect of the Cleaver Heights
project, but the HDC has never produced more than 50% of its target
output in terms of the numbers of new homes built each year. The
question remains as to whether the HDC is aware of the reasons for
this continuing shortfall. This is a flagship state policy and the
shortfall in numbers of new homes produced is itself deserving of
proper attention from this Enquiry and the responsible State
Enterprise. I submitted a series of written questions on this to the
Enquiry and one would hope that some written response is forthcoming
from the HDC or the Ministry.
The remaining Commissioners can take steps to preserve their
reputations and have the key elements of outstanding information put
into evidence. We await with interest.
Afra Raymond is Managing Director of Raymond &
Pierre Limited and President of the Institute of Surveyors of Trinidad &
Tobago. Comments can be sent to
afra@raymondandpierre.com. |
In order of importance, the outstanding issues are –
- UDeCOTT's missing accounts
- Bob Lindquist's missing report
- Housing Development Corporation's output deficit
The remaining Commissioners can take steps to preserve their
reputations and have the key elements of outstanding information
put into evidence. We await with interest. |
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