Dear Editor,
I am availing myself of the facility provided by your columns to comment on ministerial responsibility, a constitutional issue of current national interest.
The issue of ministerial responsibility has arisen in the case of the current Minister of Home Affairs consequent on the killing of three persons being protestors at the recent demonstrations at Linden. Many expressions of view have been made concerning the responsibility or otherwise of the Minister of Home Affairs for the actions of the police resulting in the death of the three unarmed civilian protestors.
Different opinions have been expressed concerning the culpability of the police for the deaths and the ultimate responsibility of the Minister in accordance with the recognised conventions, norms and practices within the Commonwealth.
The ultimate responsibility of the Minister can result in the Minister’s resignation at the request of the Head of State or Head of Government or the Minister’s removal from office. By way of illustration, I wish to refer to several recent instances within the Commonwealth family of Nations. Firstly, in the case of the Bhopal tragedy in India resulting in many deaths from a gas leak from a pesticide plant, the Minister offered his resignation to the Head of State but it was not accepted.
Secondly, in Tanzania, many deaths occurred as a result of the sinking of a ferry boat transporting passengers and the subject Minister tendered her resignation. Closer to home, in our fellow Caricom country Trinidad & Tobago, former Attorney General Karl Hudson-Phillips, QC, commenting on the section 34 controversy presently engaging that country’s attention, opined that Attorney General Anand Ramlogan ought to resign. Although acknowledging that he may not be personally res-ponsible, Mr Hudson-Phillips was of the view that proper ministerial conduct requires that a Minister should resign. Another example from Canada involving a powerful politician (other than a minister) may also be instructive. A fortnight ago, the Mayor of Montreal whose party had been linked with mafia related financing kickbacks, felt compelled to resign although there was no allegation of personal involvement by him, as he felt his trust “had been betrayed and accepted full responsibility.”
In the light of the considerable divergence in opinion on this issue between the combined opposition, and the government of President Donald Ramotar, it may be imperative that the Linden Commission of Inquiry pronounce collectively or individually on this issue of the responsibility or otherwise of the Minister of Home Affairs as the Minister responsible for the police.
Yours faithfully,
Brynmor T I Pollard, SC
