Plain Talk - Phillip Edward Alexander: A Fool and his Money SHOULD be Parted....

Plain Talk - Phillip Edward Alexander: A Fool and his Money SHOULD be Parted....

Jack Warner's Dual Role

In Dr. Rowley’s letter to the Integrity Commission of June 7^th, 2010 he quotes Paragraph 6 of the Code of Ethics for Ministers and Parliamentary Secretaries, which states that ministers: "shall resign from directorships in all companies", "cease to engage in professional practice" and "cease to be involved in the daily routine work of any business".

In analyzing the above, it is immediately apparent that this does not apply to Jack Warner’s current position, since FIFA is neither ‘a company’, ‘a business’ nor a ‘professional practice’, but something else.

FIFA is in fact a not-for-profit International NGO (non-governmental organization) for the promotion of the game of football.

It is also interesting to note that while holding on to his Vice Presidency in FIFA etc., Mr. Warner has satisfactorily represented the people in his constituency, as can be shown by the fact that in the election he received more votes than any other candidate.

Dr. Rowley further goes to say that: “As a parliamentarian since 1987, I have always understood there to be a convention of Parliament that Cabinet ministers must arrange their private interests, whether pecuniary or otherwise, in such a manner to maintain public confidence and trust."

Dr. Rowley’s understanding of the convention is not questioned here. It should be pointed out, however, that convention is not law, and therefore Mr. Warner’s position cannot be deemed illegal.

Dr Rowley is further concerned about Section 29 (1) of the Integrity in Public Life Act which asserts, that a conflict of interest is deemed to arise if a person in public life were to make or participate in a decision in the execution of his office and at the same time knows or ought reasonably to have known that in the making of the decision, there is an opportunity either directly or indirectly to further his private interest or that of a family or any other person.

Dr. Rowley’s concern here is ironic, in view of the fact ‘any other person’ referred to in the above paragraph would be the people of Trinidad and Tobago who stand to benefit by his dual role.

Let us see what the legal gurus say.