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Minister of Justice Travelling to Netherlands this weekend to discuss Integrity Chamber.

drichardsonmgumbs16042015to meet with Council of State on higher supervision.


PHILIPSBURG:--- Minister of Justice Dennis Richardson told members of the media on Thursday during a press conference that he will be travelling to the Netherlands this weekend to meet with the Minister of Interior and Foreign Affairs Ronald Plasterk to further discuss the establishment of an integrity chamber on St. Maarten. Minister Richardson will also be meeting with the Raad van Staten (Council of State) to further discuss the current situation where the Kingdom wants to apply article 51 of the Kingdom Charter and impose higher supervision on St. Maarten. Minister Richardson said that last Thursday the Dutch Government contacted St. Maarten and requested that the Parliament of St. Maarten not to vote on the draft law to establish the Integrity Chamber on St. Maarten.
The Minister of Justice of St. Maarten said that he believes that the Members of Parliament that have posed several questions to the Ministers about the draft law are finally doing their jobs by posing sharp questions about the integrity chamber. He also said he believes that that St. Maarten parliament understands the risk they are taking if they don't vote in favor of the draft ordinance. Asked why he is saying that the draft law that was presented to parliament is a document done by St. Maarten when the Kingdom has two third majority. Minister Richardson explained that the Kingdom does not have two third majority, however there was a dispute when the discussions were taking place and both the Kingdom and St. Maarten compromised. He said that St. Maarten will appoint one member, the Kingdom will appoint one and the third member who will become the chair will be chosen by the two persons that were appointed.
The Justice Minister said one of the things the Dutch wants is to get their way one way or the other. Minister Richardson said if and when the integrity chamber is established they will have the power to investigate every civil servant as well as Ministers. Further to that he said that he wants to know if the Dutch Kingdom realizes that the Prosecutors, RST officers, the Attorney General are also civil servants that are working on St. Maarten. He said he is curious to find out of the Kingdom would exempt the people they send to St. Maarten to work from the screening that will be conducted by the Integrity chamber. Minister Richardson further explained that there is still one issue that has to be ironed out with the Dutch. That issue he is the protection of persons that are subjected to any investigations. Minister Richardson made clear that the Integrity Chamber cannot investigate criminal cases and they cannot violate the criminal code. If and when they find something criminal it has to be turned over to the Prosecutor's Office. Minister Richardson said that when the Integrity Chamber submits an advice to Government, the Government has a certain period of time in which they must respond. He said if Government fail to respond within the given time frame then the advice becomes binding. However, if Government do not agree with the advice and they have strong objections and they respond within the given time frame then the advice submitted by the Integrity Chamber is not binding.
Another issue the Minister and Prime Minister of St. Maarten said is that the Dutch Kingdom is t trying to tie in the Ministry of Justice into the integrity chamber and they have been coming with ideas for the Ministry of Justice. They said the Kingdom has been making demands which make it seems to them that the Dutch is trying their best to create two entities for justice which is totally against the country's constitution. "I believe the Dutch politicians got some type of mental crash or they are completely 'loco' with their ideas.
As for the appointment of the candidate that has to replace St. Maarten on the Raad van Staten, Prime Minister Marcel Gumbs said St. Maarten has been without a candidate for the past 16 months and he believes that St. Maarten could wait a bit longer so that things can be done properly. He said the candidate has to be appointed by a KB and this is not something that can be done haphazardly.

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