THA LOSES: STILL SUBJECT TO CABINET
A major constitutional motion between the Tobago House of Assembly (THA) and central government was decided yesterday at the Port of Spain High Court before Justice Nadia Kangaloo, who ruled against the THA.
The judgment defines the relationship between the THA and central government, especially when it comes to matters of policy making and enforcement by Cabinet and central government, in respect of the areas set out in the Fifth Schedule of the THA Act 1996.
The THA was represented by Elton Prescott SC and Phillip Lamont while the Attorney General was represented by Seenath Jairam SC, Larry Lalla and Martin George.
Speaking with the Express following the judgment, George said the victory is a major one for the Government.
“Essentially, the effect of the judgment is, if there’s a national policy for Trinidad and Tobago set by central government, through Cabinet, touching and concerning matters within the THA’s ambit of responsibility under the Fifth Schedule, then the THA is bound by such national policy directives, and it cannot override and/or ignore Cabinet or the central government’s national policy, with respect to such matters,” George said.
He said this serves as a major blow to the THA because it means the THA’s authority under the Fifth Schedule is not complete as it is still subject to Cabinet’s directives and policies.
At the weekly briefing yesterday, Chief Secretary Orville London told the Express he was not aware of the outcome of this matter but would look into it.
Extracted From: Trinidad Express Newspaper