President George Maxwell Richards "must" decide whether the appointment of Prof Ann-Marie Bissessar to the Integrity Commission should be revoked in light of her relationship to Prime Minister Kamla Persad-Bissessar's husband. So said former prime minister, Basdeo Panday, during a telephone interview with the Sunday Guardian on Friday. "Even if I was the Opposition Leader at that time and was "consulted," then the President must make a decision of whether the continuing appointment of such a person would lead to a diminishing of confidence in the Integrity Commission. That is his job," he said.
Panday added: "If he (the President) is of that view, then he probably should ask the member whether she, in those circumstances, would like to resign. If not, he should have discussions with the member. He is responsible for appointing and revoking." At Thursday's post-Cabinet media briefing, Attorney General Anand Ramlogan publicly called for an apology from Opposition Leader Dr Keith Rowley for imputing that Persad-Bissessar was the leader of the Opposition at the time and was therefore consulted on Bissessar's appointment to the Integrity Commission. This "insinuation", according to Ramlogan, was "baseless and without merit" since such office (Leader of the Opposition) was occupied by Panday at the time.
Panday said while he could not recall whether he was in fact consulted (without going back to his records) on the member's appointment to the Integrity Commission, he condemned newspaper reports which stated that he "appointed her" and cited clearly what his constitutional role in the matter was. "The constitution says that these appointments are made by the President after consultation with the Prime Minister and the Leader of the Opposition. If the records of the president indicate that I was consulted, I want to tell you how I am consulted.
"I am consulted by a letter written by the President's secretary to me saying that they are going to appoint so and so and if I have any comments or objections. That is the level of consultation," he said. Panday added that such was precisely the reason why he has "maintained" his position on the "need for constitutional reform," which he believed will aid in preventing "the President from being a tool of the Prime Minister." He said: "My experience is that the President has persistently ignored any advice given to him by the Opposition. "He is a creature of the Prime Minister and usually follows the dictates of the Prime Minister."
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Section 8 (1) and (2) of the Integrity in Public Life Act (2000) states
• A vacancy in the membership of the Commission occurs:
(a) on the death, resignation or revocation of the appointment of a member;
(b) on the absence of a member from three consecutive meetings of the Commission, unless the absence is approved by the President after consultation with the Chairman; or
(c) on the expiration of the term specified in a member's instrument of appointment.
• A member of the Commission may be removed from office by the President acting in his discretion for inability to discharge the functions of his office whether arising from infirmity of mind or body or any other cause, or for misbehaviour.