Oropouche MP Davendranath Tancoo has questioned the legality of the appointment of National Insurance Board of Trinidad and Tobago (NIB) chairman Patrick Ferreira.

On Wednesday, during a public accounts committee inquiry into the audited financial statements of the NIB for the financial years 2014-2020, Tancoo, chairman of the committee, questioned acting permanent secretary of the Ministry of Finance Jennifer Lutchman on Ferreira’s appointment.

Citing the National Insurance Act, Tancoo said the act outlines the appointment of the board’s chairman and its directors. He said the chairman is outlined as, “A person who, in the opinion of the minister, is independent of the government business and labour.”

Lutchman responded and said Ferreira had served the NIB previously as a director representing government.

The NIB's website states, “In December 2017 (Ferreira) joined the NIB as a government representative where he also serves on the Audit, Risk and Compliance, the Nominations and Governance and Actuarial Review Board Committees.”

Lutchman said Ferreira’s appointment is a policy decision out of the remit of the permanent secretary or any other public servant. “The minister will address that,” she said. “In my capacity I will not address it. (The act) clearly states in 'the opinion of the minister'. It is a policy decision we are dealing with.”

Tancoo said while he accepts the question will be better posed to the minister, he is concerned about the issue. “We now have a situation where the ministry has, in my opinion, appointed a member to the board as chairman who may not legally be qualified to sit in the position he is in and that may run the risk (sending) the board of NIB into disrepute and legal query.”

When asked if legal advice was sought on the matter prior to his appointment, NIB executive director Naila Persad-Poliah said it had not.

Ferreira is a senior executive in the Furness Group. Apart from his position as NIB chairman, he is a director on the state boards of the National Insurance Property Development Co Ltd and TT NGL – a subsidiary of the National Gas Co.

Tancoo also lambasted the ministry for submitting its 2019 and 2020 annual reports and audited financial statements late to Parliament.

“There seems to be a stumbling block within the ministry in getting reports to parliament on time.” Tancoo said the ministry’s tardiness was also a breach of law.

Lutchman acknowledged the late submissions and said it tried to rectify that for the reports of financial year 2021. It said it received the report from NIB on January 3, 2022 and it is being reviewed and processed for parliament.

She also said the delay was caused by restraints in resources and personnel owing to the covid19 pandemic.