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The powers of the Cabinet during the period of any dissolution of Parliament allow the Government to pursue the general direction and control of policy as stated in the Constitution. The only impediment during this period is that it cannot pursue any legislation because Parliament is dissolved.
This has been clearly established over the years and the range of powers is vast. These powers can range from changing the maritime boundaries of the country to the award of contracts. For example, the Ninth Republican Parliament was dissolved at midnight on April 8, 2010, and a general election was held on May 24, 2010. During this period, the Government proceeded to sign a maritime boundary agreement with the government of Grenada on April 21, 2010.
Writing in the Guardian on April 22, 2010, Richard Lord reported as follows on the event:
“And during a question and answer session, after the signing ceremony at the Diplomatic Centre in St Ann’s yesterday, Manning responded saying, he did not understand what the upcoming general election had to do with the agreement. He said discussions leading to the agreement began in 2009, two years after the last election in T&T. ‘Nobody in the normal course (of things) expected elections in Trinidad and Tobago at this time,’ Manning said. He said as a consequence, ‘the negotiations and the agreement had nothing to do with the calling of elections. Under Trinidad and Tobago law, it is the Executive that has the authority to conclude treaties of this nature, and we are merely pursuing it in accordance with the legal requirements of the State,’ he said.”
Manning was rebutting queries from then opposition leader Kamla Persad-Bissessar who had challenged him about the agreement being signed during the period of a dissolution.
Another area that arose during the same interregnum between the dissolution of Parliament and the appointment of a new prime minister, was the selection of the preferred contractor to build the Point Fortin Highway.
According to page 19 of the Armstrong Report that considered the policy decision to build the highway:
“On May 07, 2010, the closing date for this procurement, three proposals were submitted by 1.00 p.m. (from the 29 Request for Proposals issued). The three entities submitting tenders were, in alphabetical order:
1. China Railway Construction Corporation Limited;
2. Construtora OAS Ltd (OAS); and
3. GLF Construction Corporation.
On May 13, 2010, the NIDCO Evaluation Committee submitted its Final Report and recommended OAS as the Preferred Respondent, and so informed OAS by letter dated May 25, 2010.”
On January 28, 2011, MP Colm Imbert said in debate on the adjournment in the Parliament:
“After the general election, the day after, as a matter of fact, on May 25, dealing with this specific project, a letter was sent to
Construtora OAS and they were informed the day after the general election that the National Infrastructure Development Company had chosen OAS as the preferred respondent for the contract for the Point Fortin highway project.” (Hansard, p. 227).
Imbert went further to say: “Mr Speaker, I want to reinforce this. My appointment as Minister of Works and Transport ended at midnight on May 24, 2010, so any letter that went out on May 25, 2010 did not have anything to do with me.” (Hansard, p. 227).
In responding to Imbert, then minister of works and transport, Jack Warner, had this to say: “On May 25, 2010, I was not even the Minister of Works and Transport, but I was a successful candidate, unlike you. [Desk thumping] Mr Speaker, on May 25, 2010, OAS was notified that it was the preferred respondent for the contract and OAS was invited to commence negotiations on June 07, 2010. It is in that letter you have there. Read it! Tell us it is not there! Tell this House it is not in that letter! They were told by NIDCO, the arm of the Ministry, though they had lost the election, they were saying, look on June 07, 2010, you have to begin negotiations.” (Hansard, p. 232).
The issue that arises here is that agencies, such as Nidco, have the power to proceed on public policy matters such as the award of contracts despite the fact that there is a general election in the offing.
Despite the change, Nidco was able to write to Construtora OAS the day after the general election to inform them that they had been chosen to build the Point Fortin highway and that they should start negotiations on June 7, 2010.
Former minister Imbert held the view that his appointment as Minister of Works ended at midnight on May 24, 2010, which is not true. According to section 77(3)(a) of the Constitution, a minister shall vacate office “when any person is appointed or reappointed as Prime Minister.”
According to the T&T Gazette of May 27, 2010, Volume 49 No 64, Kamla Persad-Bissessar was appointed Prime Minister on May 26, 2010. In the circumstances, Imbert was still the responsible minister on May 25, 2010, even though he may have another view.