Ministerial accountability and responsibility

Aug 05, 2012 AFC Column, Features / Columnists

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(An excerpt from an address by Hon. Cathy Hughes MP to the National Assembly – July 24, 2012)

No matter how exhaustive the constitutional and international provisions in a democracy, that democracy will suffer irreparably when there is not an understanding by its political actors that there is something called unwritten conventions, which bolster and buttress such written provisions, and which ought to be adhered to so as to create confidence in the system.
At this point I wish to refer to Constitutional and Administrative Law by David Pollard on page 117 under the heading “The individual Responsibility of Ministers” and I quote “…Ministers are accountable for their own private conduct, the general running of their departments and acts done, or omitted to be done, by their civil servants, responsibility in the first two cases is clearer than in others. A minister involved in sexual  or financial scandals, particularly those having implications for national security, may have to resign because his activities will so attract the attention of the press that he will no longer be able to carry out departmental duties. Many of you will recall the John Profumo affair.”
Political actors who master only the art of democratic centralism, party paramountcy and executive commandism, will never know anything about the convention of ministerial responsibility.  Nor will they ever care to know.  From all appearances, it was either the absolute ignorance of this convention, or an unabashed arrogance towards it, which may have been the reason why the Honourable Minister would mistakenly feel that he is not responsible because he was not there.
The convention of individual ministerial responsibility fixes blame on a Minister for all failure of policy and administration whether the Minister himself is at fault or not, or if the failure resulted from departmental maladministration.  In other words, a Minister must take the praise for the successes of his department and the blame for its failures.
This is responsible Ministerial Government which we must strive to perfect, or come close to. Now when the blame is grave enough, being directly as a result of an error or misjudgement or wanton unlawful conduct on the part of the Minister, such an errant Minister must be fired or tender his resignation.  Otherwise, the entire system becomes undermined; and a dangerous precedent set.
This precedent has been followed daily in several parts of the world, but let me bring it closer to home and look at official resignations in the Caribbean.
In St. Lucia – Richard Frederick, Minister of Housing resigned because his personal and diplomatic visa was revoked. Even though he said it was not necessary for his job this happened one month before the St. Lucia elections and was deemed unacceptable to him and the people of St. Lucia.
In Jamaica – James Robertson, Minister of Energy and Mining for the JLP resigned immediately when the news became public that his diplomatic visa was revoked by the US. This can be compared to the former police commissioner in Guyana, whose visa was revoked in 2006 when he was appointed Commissioner of Police.

In T&T –  Mary King, Planning Minister resigned because she failed to declare that she had an interest in a family company who received a contact from the Ministry she was responsible for.
Across the political spectrum in Jamaica on the PNP side – Colin Campbell, Minister of Information and also PNP General Secretary, resigned from both his position of Cabinet and party position over the question of campaign donations
Once again on the PNP side – Carl Blight, the Minister of Housing resigned over corruption in awarding contracts.
Also on the PNP side – Kern Spencer, former junior Energy Minister did not only resign but was taken to court over the Cuban light bulb scandal.
Mike Henry, Transport and Works Minister resigned because of allegations of lack of transparency in the Jamaica Development Infrastructural Programme which was related to road contracts.
And finally, former Prime Minister Bruce Golding resigned over the Dudus affair.
So Mr. Speaker, I call on the Minister of Home Affairs to stand and as an honourable man, to do the right thing. By his own admission he has stated in an interview on NCN that the use of bullets was discussed and he did not sanction their use. If indeed those are his words as reported, and if they are true, it is clear that he is unable to manage the Police Force and they have no respect for him, his orders or instructions.
This is totally unacceptable when the initial reports from the independent pathologists state that all of the men were shot straight through the heart, by bronze-capped rounds (not rubber pellets) two from the front and one from the back.
This does not happen if one intends to injure!
As the people of Linden have stated: Rohee must go. I thank you.

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