THE EDITOR: Is the Privy Council trying to cheat Trinidad and Tobago out of its own Constitution?
The Board of Inland Revenue (BIR) and Customs and Excise are part of a constitutional structure with aspects affecting the separation of powers, limits on the Executive, the rights of public servants, the rights of taxpayers and the legal collection of taxes. This cannot be altered or bypassed or replaced through ordinary legislation, whether or not to do with amending the terms of employment of public servants.
Only a special majority in the House, attending on all the details and dimensions of all concerned, can change the status quo regarding these two entities.
It is my view that an alternative tax structure cannot be instituted via ordinary legislation, whether by establishment of an Executive preference or otherwise. The replacement of the BIR and Customs and Excise in any manner affects multiple rights and diverse relationships.
Thus the Privy Council cannot and may not just ignore these fundamental issues so as to settle one isolated notional point beforehand. That would be a ridiculous precedent and no law at all.
Not invoking the Constitution pre-emptively spells corruption. The Privy Council ought to be fully aware that even though such matters are not pleaded before the court, it has a duty to forestall confusion from arising, and not permit groundless proceedings to continue.
There is nothing in the TT Constitution creating "the Executive who delegates original powers" or for the Privy Council to be able to defer to "undertakings" given by Government's legal representation, in lieu, until such time as the Government will show otherwise.
The Privy Council just cannot pretend not to notice.
What the council is portending is that any law will do, so long as it is "delegated by the Executive," and comes before the Privy Council, not in the Constitution; that would implant laws that could then later be changed on simple majority into something else again, thereby resulting in no structure whatsoever and total discretionary management by the Executive and the Courts.
Let the international community take note. Something is amiss and highly unusual in the make-up of the bench membership of this particular tribunal in England.
Let TT be concerned that the treatment meted out to the Auditor General and others for doing their work the right way, just as it is supposed to be done, is exactly what will ensue as commonplace on this government's format.
ELIAS GALY
Port of Spain
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