Former United National Congress senator Devant Maharaj has written to Integrity Commission chairman Justice Melville Baird requesting an immediate investigation into the Cabinet.
His request is related to the allocation of Housing Development Company (HDC) units to two Government MPs and a Government Senator last year.
Integrity commission registrar Jasmine Pascal, in a letter dated January 19, 2018, acknowledged receipt of Maharaj’s request. “This matter has been referred to the Integrity Commission for consideration,” Pascal wrote.
Nine days prior, on January 11, Maharaj wrote to Baird calling for the probe.
“Given that persons have been waiting for several years to acquire a similar housing unit from the HDC, it begs the question how did these three PNM political appointees obtain units before others?” Maharaj wrote.
Maharaj listed Tourism Minister Shamfa Cudjoe, Minister in the Office of the Prime Minister Ayana Webster-Roy and Senate Vice President Nigel De Freitas as the recipients of the units. He dedicated over three pages of his five-page letter to address issues with De Freitas in particular, noting that the position holder is neither entitled to a housing allowance or qualify for housing in lieu of a housing allowance under the Salaries Review Commission (SRC) regulation.
According to the 98th Report of the Salaries Review Commission, the holders of the offices of Senate vice president deputy speaker of the House of Representatives are entitled to allowances under the following categories:
(i) Entitlement to the cost of accommodation and meals in the event that the office holder is required to stay overnight as a result of late sittings of Parliament, provided that he/she resides beyond a radius of sixteen (16) kilometres from Port-of-Spain.
(ii) For travel to Tobago/Trinidad on official business, the cost of accommodation and meals, as necessary, to be met by the State.
(iii) Travel/accommodation expenses, including meals, incurred by the spouse of an office holder in Tobago/Trinidad when attending official functions in Trinidad/Tobago to be met by the State.
(iv) For travel abroad on official business, the provisions of Minister of Finance Circular No. 2 dated April 7, 2006 or other relevant Circular to apply.
However, on December 15, 2017, Housing Minister Randall Mitchell, responding in writing to a question seeking information on what date Cabinet approved a housing facility for De Freitas, said: “Cabinet, by Minute no. 468 of March 16th, 2017, agreed that Senator Nigel De Freitas would be allocated one (1) two-bedroom unit at the Victoria Keys Housing Development, Diego Martin, from the respective date of occupancy to the respective date he ceases to hold office as Vice President of the Senate or otherwise determined by Government.”
Maharaj, in his letter, insisted that the Constitution does not contemplate that the Cabinet set terms and conditions for Members of Parliament or any other officer of state. He went on to state that the actions of the Cabinet in awarding the HDC unit to the Senate vice president may also be constituted as a material breach of the Constitution and the code of conduct of Sections 23, 24 and 27 respectively of the Integrity in Public in Life Act.
Maharaj ended his letter by urging the commission to take immediate steps to review the issue.
Kristy Ramnarine