Should a motion of no confidence be brought against Minister of Justice then it’s a motion of no confidence against the Council of Ministers--- PM Gumbs.
PHILIPSBURG: --- At a press conference held by Prime Minister Marcel Gumbs and Minister of Justice Dennis Richardson on Sunday on the protocol Minister of Justice Dennis Richardson signed two Saturday’s ago in the Netherlands on behalf of the Prime Minster Marcel Gumbs, both Ministers said that the Parliament of St. Maarten were fully aware that government was negotiating the draft law to establish and integrity chamber on St. Maarten.
Minister of Justice Dennis Richardson broke down the details of document he signed on Sunday, he made clear that the Dutch Government signed off on the proposal St. Maarten gave them and not the other way around. Minister Richardson also explained that the discussion was intense but he managed to get the Dutch to remove the possibility of placing higher supervision on St. Maarten. He also said that the parliament of St. Maarten was fully aware that government was still discussing the draft law and moreover they got a copy of the protocol after it was approved by the Council of Ministers. Minister Richardson said that the government wanted to meet with coalition partners on May 25th but most of them were off island, therefore the Council of Ministers approved the document on May 26th while it was sent to Parliament on May 27th. He said that he cannot say if the Members of Parliament got the signed protocol because that is something the secretariat of parliament has to deal with. Furthermore, the Minister of Justice said that he had to put an end date as to when the Parliament of St. Maarten would deal with the signed protocol because the Dutch wanted to ensure that the process is not stagnated by a lack of quorum or any other excuses. Minister Richardson further stated that government cannot take away the rights of parliament and as such the Parliament of St. Maarten still has the right to either accept the signed protocol, reject it or make changes to it. Furthermore, the Parliament of St. Maarten said that they are in favor of the recommendations given in the various integrity reports, such as the one from the “Do it Right Committee” PricewaterhouseCoopers Report and the one from the General Audit Chamber.
He said he want to make clear that it is the Dutch that has committed themselves to the solutions St. Maarten placed on the table while they also accepted the way St. Maarten would like to see the offer of the Netherlands to help strengthen the justice chain is used and implemented.
He said with the signing of the protocol St. Maarten achieved the following:--
- The Dutch intention to appoint all members of the Integrity Chamber is off the books.
- The Dutch intention to send their civil servants and National Security Services officers as support staff for the integrity chamber is not possible anymore.
- Their intention to give the Integrity Chamber vast discretionary powers has been curtailed. The chamber has to work according to the format our (St. Maarten’s) law.
- The intention to allow the integrity chamber to operate completely unhindered in the interest of so called “efficiency and effectiveness”, thereby skirting the rule of law is not possible anymore.
- The intention to eliminate any form of protection for persons who might be subjected to an investigation has been rejected.
- The proposal to bypass the governor and our own screening agencies (Public Prosecutor and National Security Service) with the screening of ministers, directors of government owned companies and civil servants and have that done by the integrity chamber has been eliminated. The crazy thought to have the ones advising St. Maarten to be also at the same time the ones who will screen persons to see if they can hold a function is also off.
- The general Kingdom measure of higher supervision on integrity matters is now off the table.
- In the area of justice the intention to make the RST and KMr super independent investigative agencies is no longer an option.
- The intention to expand their tasks to practically speaking all areas of police work has been thwarted.
- The intention to increase control of the Attorney General on Curacao on investigations has been limited to the possibilities present legislation allow.
- The intention to strengthen only the office of the Attorney General in Curacao and increase direction of the OM from there has been blunted due to the obligation to consult more intensively with the local offices.
- Strengthening of the justice chain includes also helping local law enforcement agencies: KPSM, Prison, FIU, National Detective Agency; to obtain the necessary support and training that have been limited due to budgetary constraints of St. Maarten. A plus in view of the recent development in crime.
- For three years the pressure on the budget of St. Maarten for law enforcement and integrity chamber will be shared
When asked by SMN News if the Minister of Justice is removed from office because he signed this document or because MP Frans Richardson wants him out. Prime Minister Marcel Gumbs said that if a motion of no confidence is brought towards the Minister Dennis Richardson who signed the protocol on his behalf then they will consider it as a motion of no confidence against the entire Council of Ministers.
Prime Minister Marcel Gumbs said that he was in contact with Minister Richardson while he was negotiating with the Dutch and he is the one that gave Minister Dennis Richardson “the green light” to sign the protocol.
