Yaklaşık 35 yıldır Türkiye ve dünyada turizm sektörünün en saygın yatırımcılarından birisi olarak devam etmekte olan iş yaşamımda bugün yeni bir deneyim daha yaşadım.
İngiltere ve Turks and Caicos hükümetleri tarafından hakkımda bir Kırmızı Bülten çıkarıldığını haber aldım. Yaklaşık 3 yıldır sürdürdüğüm siyasi-hukuki mücadeleyi kazanacağımdan emin olmakla birlikte, gelinen noktayı kamuoyu ile paylaşmayı da bir borç biliyorum.
Türkiye’nin ekonomik kapasitesini dünyanın her yerine yayması gerektiğine inanan bir işadamı olarak 2005 yılında önce Karayiplerin bir adası olan Turks and Caicos Adalarında yaklaşık 1 milyar dolarlık bir emlak ve turizm yatırımına giriştim. Adanın güzelliğine, ekonomisine, kültürel gelişimine büyük katkı yapacak olan projemizi ada halkı ve yönetimi de büyük bir sevgi ve ilgiyle kucakladı. Ancak Ada yönetiminin ve başbakan Michael Missick’in adanın bağlı olduğu İngiltere yönetimiyle siyasi ihtilafa düşmesi, siyasi istikrarın bozulmasına ve 2009 yılında İngiliz hükümetinin adaya müdahalesine yol açtı. Yolsuzlukla suçlanan Missick görevden alındı ve anayasa askıya alındı.
Bu süreçte Turks and Caicos adalarında yatırım yapan onlarca işadamı da başbakan Missick ile bağlantıları olduğu ve yolsuzluğa karıştıkları iddiası ile suçlandılar. Ancak suçlananlar hep yabancı yatırımcılar oldu. Başbakan Missick’in rüşvetçi olduğunu ispat etmenin yolu, özellikle hedef seçilen yabancı yatırımcıların rüşvet verdiğini kanıtlamaktı. Ben de bu siyasi mücadelenin günah keçilerinden birisi olarak seçildim ve yıllar sürecek bir hukuk mücadelesinin içerisine itildim. Gerçekten “”masum ve haklı olduğum” için, “masum ve haklı olduğumu” kanıtlayacağımdan eminim. Bugüne kadar bu konuda açılan ve tamamlanan bütün davalarda olduğu gibi bundan da beraat edeceğim. Siyasi bir davaya karşı yürüttüğüm hukuki mücadelemi ise uluslararası platformların tümünde sürdüreceğim.
Hem Türkiye’nin büyüyen gücüne paralel olarak dünyanın her yerinde iş geliştiren Türk işadamlarını bu tür riskler konusunda uyarmak ve hukuki süreçler konusunda hazırlıklı olunması gerektiğine dikkati çekmek hem de küresel bir güce dönüşen Türkiye’nin tüm dünyada bayrağımızı dalgalandıran işadamlarından birisi olarak ilgililerin desteğine ihtiyaç duyduğumuzu belirtmek için bu kısa açıklamayı kamuoyunun bilgisine saygılarımla sunuyorum.
Dr. Cem Kınay
Geçmiş
Birlesik Ingiltere Kralligi na dahil Turks ve Caicos Adaları’nda yer alan Dellis Cay bir doğa harikasıdır. Parrot Cay’in yanında yer alan adaya Providenciales’den deniz yoluyla 20 dakikada ulasmak mümkündür. Dellis Cay, Haziran 2005’te özel bir şahıstan satın alınmıştır. Adada dünyanın önde gelen mimarlarının eşsiz tasarımlarından oluşan lüks bir yerleşim kompleksi planlandı.. Proje tamamlandığında, adada Mandarin Oriental otelinin çevresinde yer alan ve otelin hizmet vereceği lüks villalar ve residenceler olacaktı. Projenin inşaat çalışmalarına, Haziran 2008’de başlanmıştı ve planlanan, projenin ilk bolumunun Ekim 2010 da tamamlanması şeklindeydi.
Dr. Kinay, son otuz yıldır ,vizyon sahibi,saygıdeğer bir uluslararası iş adamı olarak haklı bir üne kavuşmuştur. Magic Life Grubu’nun kurucusu olan Dr. Kınay, 2006 yılında layık görüldüğü “Avusturya Devleti Onur Payesi ve Madalyası” da dahil olmak üzere yüksek ahlaki ilkelerini, dahası iş dünyasındaki zekasını ve yetkinliğini tanıyan pek çok ödül almıştır.
I understand that Sotheby’s has been instructed to act for the Government, and has placed the 200 acres parcel 30101/25 of Joe Grant Cay on the market for sale at US$9.95 million. The parcel was recovered last year for the government following a claim by the Civil Recovery Team against my companies. I appealed the decision. The Appeal Court will decide later this year whether the Court’s decision was just and fair, as it was not.
The people of Turks and Caicos Islands must know that according to the Court documents submitted by the Attorney General:
on 7 November 2006, Mr Shaban Hoza, Government’s own valuation officer, reported a freehold value of this land for commercial use to be $230,000 per acre, but advised that the Government (or the Crown) could negotiate a price of up to $330,000 per acre. Those figures produce a valuation of between US$46 million and US$66 million for this 200 Acres land for commercial use ;
on 10 June 2008, this time Mr Hoza has produced a valuation of US$50 million for this 200 acres land for commercial use .
The Attorney General has quoted these valuations to build the Government’s case against our companies. The Court on the other hand, disregarded the Government appointed BCQS Limited’s US$3.2 million valuation for this 200 acres land for commercial use which was the basis for our purchase of Joe Grant Cay through our companies back in June 2008.
Now they are attempting to sell it at US$9.95 million.
The Government owes to TCI people, to declare the true value of the 200 acres of Joe Grant Cay, is it worth USD 50 million? US$250 million ? Or US$3.2 million that BCQS, a reputable Caribbean commercial firm has reported when they worked for the Government to confirm what must be the fair market price of this 200 acres?
If US$50 million is true, somebody is going to benefit US$40 million of Turks and Caicos People’s money.
If US$3.2 million is true, the Government should give us back our land,, that it claimed we bought at undervalue at the absence of a Development Agreement, in the midst of Worldwide economic crisis.
In any case, The Government must immediately stop the illegal sale of the 200 acres of Joe Grant Cay. This land is still the subject of an upcoming appeal between our companies and TCIG.
I appeal His Hon. Governor Richi Todd to suspend the sale of 200 acres of Joe Grant Cay. I also appeal to Sotheby’s Turks and Caicos Islands to immediately stop the sale of this land, which is still in dispute. I appeal to Temple Trust, to wait the results of the upcoming appeal.
Joe Grant Cay is a remote uninhabited cay located in a remote section of the archipelago between Middle Caicos and Easy Caicos, accessible only by sea. This Cay has no dock, no road, no electricity, no water neither any form of other infrastructure. The cay is composed mainly of consolidated rock with the ocean frontages consisting of either sand or “iron shore”. The elevation is low and the shallow water depths at some parts of the island for do not allow visitors to access other areas.
In 2008, We took a huge risk when we decided to invest into this property encouraged by his Hon. Governor Tauwahare, and ex Chief Minister Michael Missick.
I condemn the statements of certain people who claim that Joe Grant Cay will pay off TCI’s US$ 260 million debt to the UK. The best 200 acres of beach front parcel of Joe Grant Cay is up for sale US$9.95 million and it is unlikely that it will meet any buyer, unless the Government promise a preferential Development Agreement never seen before, with huge subsidies. Perhaps a preferential Development Agreement is already on the table, and the lucky buyer is already known. We will see what will come up behind the decision to sell this land so swiftly, without waiting the result of the appeal.
Dellis Cay and Joe Grant Cay Development Agreements:
Whether the Government has on the offer a preferential Development Agreement to the new buyer of Joe Grant Cay’s 200 acres, our Development Agreements had nothing unusual in them.
My companies have invested in Mandarin Oriental Dellis Cay and Joe Grant Cay projects since 2005 until August 2009. We were the largest investor of TCI history.
We have bought Dellis Cay at the time of His Hon. Tauwhare in June 2005 for USD 18 million from Mrs Dini Zingone. This deal was the largest private deal in TCI. I signed Dellis Cay’s development agreement dated July 2005 with Hon. Governor Tauwhare.
Further, on June 2008, we bought 200 acres of Joe Grant Cay island after 1,5 years of negotiations directly with the Attorney General, at the prices and terms determined by third parties appointed by His Hon. Tauwhare. On November 2008, our companies signed a Development Agreement for Joe Grant Cay after 2 years of intense negotiations, with the Attorney General. The signature on the Joe Grant Cay Development Agreement belongs to His Hon. Governor Wetherell.
Both Hon. Governors, have executed all Cabinet resolutions for Dellis Cay and Joe Grant Cay throughout their respective terms. I read in the press speculations about the Development Agreements of these projects. I have taken the decision to immediately publish in public both the former Development Agreement executed for Dellis Cay with Mrs. Zingone Dini before me, and the current Development Agreement for Dellis Cay signed by Hon Governor Tauwhare on July 2005.
I will also publish to public the Sale & Purchase Agreement signed by His Hon. Governor Tauwhare for Joe Grant Cay on June 2008, and the Development Agreement signed by His Hon. Gov. Whetherel for Joe Grant Cay on November 2008.
I am all for transparency. Therefore, I invite His Hon. Governor Richi Todd who is currently in office, to disclose all Development Agreements signed by TCI Government for the past 20 years. At the end of the day, these Development Agreements are negotiated and provided to the Investors for the benefit of both the Investors as well as the TCI people. TCI people have a right to know what is going on in these agreements. Why to keep them secret? Why let people speculate? Publish them and show to the people of Turks and Caicos Islands, who got what?
There is not a single developer who did not make a perfectly legal donation to the political parties in the TCI, but I am picked as a victim with a select few other to pay a deer price. I hope one day, all developers will disclose their development agreements and their donations to the political parties. Only then, the TCI people will see the truth.
The Responsibility of the his Hon. Governors
On July 18th 2009, His Hon. Governor Whetherell published the Commission of Inquiry’s Final Report which provided access to the unredacted text that contained our good companies name, ruining our reputation, and causing the banks to pull funding. Later on, His Hon. Governor brought into force the Order in Council suspending parts of the Turks and Caicos Islands constitution. The House of Assembly was dissolved and Members’ seats were vacated. The constitutional right to trial by jury was suspended. Shortly after in October 2009, a receiver was appointed to our project Dellis Cay by TTUTC.
Since then, I am exposed to numerous claims, in breach of my human rights. I am really sorry that two principal players between 2005- 2009 are not in the TCI today. They are the ex Hon. Governors Tauwhare and Whetherel
It is my strong belief that these Hon Governors have caused major damage not only to my companies but also to the TCI people. They have ruined the properties and lives of many people, by abusing their responsibilities.
Governor Tauwhare and Governor Whetherel represented the principal office ruling TCI, and they must be accountable for both good and bad things that happened in the TCI. They have chaired every Cabinet meeting along with the Attorney General. They have executed each and every resolution in the TCI. If the Courts one day, prove there has been “widespread” corruption at TCI, the Governors must surely be hold accountable as well.
I am very pleased that the elections are now proposed and finally we see the possibility to return to democracy after 3 years of interruption. I believe that TCI people deserve democracy and hope that both PDM and PNP will fulfil their responsibility in this respect.
DR.CEM KINAY
ONE VICTIM OF POLITICS IN TURKS AND CAICOS ISLANDS
This past Sunday, which was Fathers’ Day, I attended an appreciation service for “Pops”, “Art” or “Butterfield” as he is called and Momma, Aunt Cita as she is called.
It was truly a service where the roses were given while the persons are alive and kicking and could appreciate it, rather than when the cold icy hands of death have touched them and they cannot hear the accolades! But in all of that, what was really touching for me was the Sermon preached by Rev. Derek Hamilton. Of particular importance to me were the works captioned above! In our present context, the Reverend coined it correctly.
We must in the end remember that Governor Todd is only a messenger and that the real decision makers are in London. He acts as the conduit for transmitting information between us, the governed and the masters in White Hall! We must be cognizant of the fact that sometimes the message gets twisted in the translation and transmission. So in some instances we cannot always take the “shoot the messenger approach”. I know that at times I have been guilty of that especially at times when the messenger seems to be speaking with forked tongue.
The Progressive National Party, having solved its leadership battle, will soon be announcing its slate of candidates, first for the “At Large” seat, and subsequently for the other 10 single member constituencies. With the People’s Democratic Movement going through a similar exercise by the end of the month, the people will begin to see how both sides are shaping up.
Following on from that, must come a position paper that both parties can agree on, and that must be given a public hearing here in the Turks and Caicos Islands so the “buy in” and ownership at home are assured. Once that is done, it must be proclaimed far and wide as the united position of the people of this country. I know that it is not going to be easy as both sides in the past looked at each other with suspicion for whatever reason. But having come through the bruising crucible meted to us by this imposing Interim Administration, clearly, there are a number of issues on which the parties can and must agree on in the interest of the people of this country.
I think that for too long we have, by our own pettiness allowed the Interim Administration to hold sway in our country to the equal detriment to both parties and the people. We have to remember that these people are masters of “divide and rule” as they invented and subsequently perfected that process which allowed them to have had one of the greatest empires of any of the colonizing powers. Do you remember the saying that “the sun never sets on the British Empire”? That was by design and not an accident. So it is incumbent on all of us to come together for the common good of the people of the Turks and Caicos Islands. It certainly cannot in anyone’s wildest dream be “business as usual”.
We have to fully understand who we are dealing with and make our plans accordingly. Now in London, even though Minister Bellingham is the point man for the Overseas Territories, it is, in our case right now, that the DFID Minister, Alan Duncan who wields the real power. He is the one responsible for getting the loan guarantee in place and for driving the process to ensuring that there is no contingent liability that the British have to deal with, with respect to us.
Every piece of legislation, particularly the CFO bill is geared to ensure that outcome. So do not let us be blindsided by any of the platitudes that might be emanating from these people. They are the masters of disguise! In our present circumstances, do you see who they have sent to be the top man here? The man, as part of his career profile was and in all probability is a spy. That is not any news out of school!
They have been sowing the seeds of distrust among our people towards one another. We have to beat back that nonsense and see it for what it is. It is nothing more than a ploy to continually justify their existence here. Nothing more, nothing less!
All of these platitudes are nothing more than that. All they have been trying to do and succeeding to a great extent is “thiefing our sense”. At this juncture in our political and educational life, we cannot allow that stupidity to be perpetrated on us and we are lapping it up like it is some manner falling from Heaven.
It is time that we away those nonsense theories and get down to real basics. We have a county to build. It has been clearly demonstrated to us that the British are not really interested in helping us to build this country. All of their previous actions and those of today speak clearly to that fact. Flawed in some ways as the scholarship programme might have been, it least we can say that a large number of students availed themselves of the opportunity and made good on being granted the privilege.
A case in point is Dr. Harvey, who has returned as a dentist. Had the British been in place during those days, he would not have been able to avail himself of such a scholarship as that profession was like many others not appropriate to the needs of Turks and Caicos Islands.
All of the major advances that this country has made were done so when we had a duly elected government, by the people and for the people. Do not for one brief moment lose sight of that fact. In the recent “surplus budget” that was just unveiled in the Consultative Forum, Stevie Wonder and members of the Forum saw that the priority areas were not in sync with what the general public wanted, even though it was said that that was in our best interest. Old John C. said “far be the thought”!
These people have been winning the public relations battle in the world’s court of public opinion. The first real shot across their bow came from the Anglican Bishop Boyd who is responsible the flock of the Bahamas and Turks and Caicos Islands. Make no mistake about it, that was a shot that rang true and home. No matter what they have tried to say to the contrary, and no matter how much spin they have tried to put on it, the dagger stuck home. While it is still in place, we have to turn the handle for every ounce of what it is worth!
Our campaign for fairness and equality can start at our shores, but must equally be waged in the Caribbean, but more importantly in London. So I end at the point on which I began, forget Todd, we have to carry the fight to Bellingham, Duncan and the steps of Number 10 Downing Street. Nothing an Englishman hates more than being embarrassed, particularly on his door steps!
By Hayden Boyce: Publisher & Editor-in-Chief ,SUN TCI
Prominent businessman and Queen’s Counsel Clive Stanbrook is spearheading a team of businesspersons from the Turks and Caicos Islands who are sending a “clear warning” to Britain’s Finance Minister George Osborne that the imposition of a Valued Added Tax (VAT) would be inappropriate and undesirable in this British Overseas Territory.
In a press statement issued from London on behalf of the newly-formed Turks and Caicos Independent Business Council (TCIBC), Stanbrook, who is the group’s chairman, stated: “We are sending a clear message to the British Government. It is the view of virtually the entire business community in the Turks and Caicos that a VAT tax is inappropriate, costly, cumbersome and unnecessary at this stage in the development of these Islands. In the short term it is clear that the existing taxation systems can be relied upon to raise such extra revenue as may be needed. ”
The press release said that the British Government “has a major battle on its hands over the proposed implementation of VAT in The Turks and Caicos islands”, following the formation of TCIBC by a broad group of concerned individuals from all sectors of the economy and business community throughout the TCI.
Stanbrook, is the owner of IGA Graceway, the largest supermarket chain in the Turks and Caicos Islands, and a former partner in the prestigious law firms Misick and Stanbrook. An anti-VAT online petition, (www.ipetitions.com/petition/just-say-no-to-vat) was started on May 29, 2012. Its first signatory was a Fleur Stanbrook, the name of one of Stanbrook’s daughters.
Meantime, the press release quoted a TCIBC spokesman as saying: “We have a common purpose in that we are all unified in our opposition to the introduction of VAT in the Turks and Caicos Islands. We send a clear warning to Chancellor George Osborne that we represent the interests of all the leading businesses in the country and indeed it can be said that our views are representative of virtually every business concern. We are deeply concerned about the expected negative effects of the hasty introduction of VAT into the island’s tax structure. As business professionals we do not have a problem with taxation and recognize the need to fund government.”
The TCIBC said it has a major problem with this particular type of tax and its inappropriate nature for the Turks and Caicos Islands and its unique economy at this time and at this specific point in its young development.
“We believe that the recent gains in economic sustainability will be lost with the imposition of this “boiler plate”, cookie cutter, tax system,” the TCIBC added. “This new VAT tax is not driven by a “grass roots” initiative, but is a politically driven tax imposed upon us by distant bureaucrats based in Europe without effective due process and regard to our specific economy and its future development. One size does not fit all. It is our intention to continue the debate on VAT through wider public education and dissemination of information and to oppose and resist its introduction through whatever legal mechanisms are open to us. This will include public consultations and education through the press, TV and radio.”
The TCIBC noted that this task has already begun with over 3000 people having already signed an on-line petition opposing VAT, adding that many more are joining us daily.
“This is not a done deal as many think. No government or administration can impose any policy upon a community if that community refuses to accept the policy,” the TCIB added.
Discussion on the implementation of Value Added Tax (VAT) in the Turks and Caicos Islands has reached the House of Commons in England.
On June 18th, MP Andrew Rosindell asked the Secretary of State for Foreign and Commonwealth Affairs what is his policy on the introduction of VAT in the Turks and Caicos Islands; and if he will make a statement.
Mr Henry Bellingham, who was recently in the Turks and Caicos Islands to announce that elections will be on November 9th, 2012, replied: “The introduction of VAT is a decision for the Turks and Caicos Islands Government. Their decision was based on thorough research and an assessment that VAT would offer a simpler, equitable and stable revenue source. A decision to introduce VAT was announced in the 2011-12 budget statement. A Green Paper on VAT implementation was published in May and consultation is under way on this.”
Chief Financial Officer Hugh McGarel-Groves in response to a local anti-VAT campaign, said last week that introducing VAT in the Turks and Caicos Islands offers the opportunity to further strengthen the country’s fragile recovery by introducing a simpler, equitable and stable source of Government revenue.
He said: “As the community of the TCI continues to discuss the implementation of VAT, critical questions must continue to be asked of both of the Government but also of the anti-VAT campaigners: what are their alternatives to the benefits of VAT to a renewed TCI; is opposition to VAT borne from a desire to continue not to pay tax at all in some business sectors?
“Given the difficulties endured by the TCI economy since the collapse of the last Government, it is in the best interests of the entire community to ensure that Government finances are secure and that it can continue to develop expenditure plans in line with local peoples’ priorities – a process already begun in this year’s Budget. VAT is a proven system across the Caribbean. It is straightforward to administer and is beneficial here in that this single form of taxation replaces five different sets of ordinances that both Government and business need to keep abreast of.”
PROVIDENCIALES, Turks and Caicos Islands — Britain’s minister with responsibility for the Overseas Territories, Henry Bellingham, arrived in the Turks and Caicos Islands (TCI) on Monday, on a previously unannounced visit, accompanying Governor Ric Todd on his return from a five-day trip to the UK to consult on the progress towards the “milestones” previously set down by Bellingham.
These milestones must be completed or clearly on the road to completion before Britain will agree to elections being resumed in the TCI to return a democratically chosen government to replace the current interim administration by Britain following the imposition of direct rule in 2009.
Hopes are high locally that the purpose of the surprise visit by Bellingham will address this issue of elections.
One of the issues relating to the election is voter registration, which is moving much more slowly than expected.
In the last election of February 2007, almost 7,000 people turned out to cast their votes. As of this week, only approximately half of this number has registered, with a registration deadline at the end of June.
In addition to the 7,000, it is estimated that approximately 2,000 more TC Islanders have come of age and are therefore qualified to vote. It is, however, not known how many of the past voters may now be excluded under the new registration qualifications.
Another problem being reported is the slowness in the issue of the required birth certificates. The presentation of an original birth certificate must accompany each voter registration.
One Providenciales resident, who is a former candidate for public office, has made several visits to the government offices in Provo attempting to expedite his birth certificate, which he applied for six weeks ago. While the interim government has since reduced the cost of the certificates from $40 to $20, this prospective voter had already paid his $40.
Another factor affecting the election is the current status of the political parties. The Progressive National Party (PNP) has had its senior executive gutted as a result of criminal charges brought against its former leader, five former ministers and one backbench member, who are scheduled in court next month to answer various allegations of bribery, corruption, money laundering and related charges.
However, the PNP now appears to be ahead of the other main party, the Peoples Democratic Movement (PDM), in setting up its new executive in anticipation of resumed elections.
While former chief minister Derek Taylor was elected to lead the PDM in November last year, it now appears he may not survive a strong challenge by another former chief minister, Oswald Skippings. Sources within the party, most media commentators and other local observers believe that, due to Taylor’s recent inactivity, he must be replaced. It also appears that, if Skippings is successful, this could signal a change in other elected and appointed party executives.
They are a lot of discussions regarding recovery of Joe Grant first through SIPT in Turks and Caicos Islands 6 months ago and now the statement of Governor Todd,that through recovery of Joe Grant they will cover the UK Loan about 200,0 MIO USD???
Nobody would like to wait the court decisions.
Is it possible to cover the SIPT costs and fundings through recovery of Joe Grant?Is it true or is it only a story to get the people of TCI calm about the costs and fundings of SIPT?
Or is it an international Scandal?
This Cay is one of the less known cays, and its story came up to the attention of the TCIlanders because of bribe allegations in Turks and Caicos. Dr Kinay, What is Joe Grant Cay?
Joe Grant’s Cay is a beautiful but remote, uninhabited 712 acres cay located in a remote section of the archipelago between Middle Caicos and Easy Caicos. It is accessible only by sea. The last time I took a boat to visit it, it took me 2 hours from Providenciales to get there. This Cay has no dock, no road, no electricity, no water neither any form of other infrastructure. It is inhabited like East Caicos. The cay is composed mainly of consolidated rock with the ocean frontages consisting of either sand or “iron shore”. The elevation is low and the shallow water depths at some parts of the island for do not allow visitors to access other areas. These difficulties do not discourage us, as at the end, when properly developed, this Cay is a beauty.
We have bought 200 Acres of this island on June 20, 2008 from the Crown through a transfer of title executed by the former Governor., Hon Richard Tauwaree and 5 months later on November 7, 2008, the former Governor, Hon. Whetherell has executed a Development Agreement with us for the development of the whole island.
What was the role of you in this project?
When I first came to Turks and Caicos Islands in 2005, I had already my development company O Property Collection in Austria. This company is where I, and my partner Oguz Serim offer our development advice to projects. O Property Collection has, from the first days of this project, ,is acting as “developer” bringing its expertise, in construction, sales, marketing. The center of any development is people. Community is very important. My company’s vision is to create design driven projects. God has already placed a beautiful design for Dellis Cay and Joe Grant Cay, it is now up to us, with respect, to treat these beauties with the best architecture and standards there is.
What do you want to develop on this island Joe Grant?
We wanted to develop the island with an environmentally friendly small Hotel and then Homes in the natural surroundings. We have retained top environmental engineers from Florida, and we started immediately the process of Environment Impact Assessment. We designed our project with a high-class architect from italy, and have signed a brand and management Indent with a very famous brand. The most important consideration though is that this will be a low density and green development.
When you first heard of Joe Grant Cay? How did you get involved?
I first got interested in Joe Grant Cay In December 2006 when I was informed that negotiations with some developers for a proposed project on Joe Grant’s Cay had run into difficulties and I was asked whether I could be interested to take this development further. The Government already had a price for sale on the Cay, US$5 million according to a formal offer that the former Government had placed before the previous developers in November 2006. My initial views for the Cay was that it was a remote location, no infrastructure and it involved Crown Land, and that meant the need of a Belonger Partner. I was not familiar with this process as my first investment Dellis Cay, is a private transaction and does not involve any Crown Land.
Did you know any of the previous developers?
I understand from the discussions in the past years that there were a number of developers who wanted to take this Cay prior to my involvement in early 2007. I do not know and have never done any business with the gentleman named at the discussions at the Commission of Inquiry,. whether in relation to Joe Grant’s Cay or otherwise.
Who is you local/belonger partner by Joe Grant?
I was already heavily engaged in our Dellis Cay project, and having regard to the Crown land policy (of which I was then aware), I thought it sensible to have a belonger partner in the development. In that respect, a company called Oceanic Development Ltd owned by Don Gardiner became my partner. I respected Don very much whom I already knew socially. As you may recall he was the President of the Turks and Caicos Islands Tourism Board. I understood that Don was involved in the development prospects of Joe Grant Cay with the previous developers so he was very familiar with it. We have executed a Joint Venture Agreement with Don’s company in January 2007, and became partners in a company called Caicos Platinum Ltd, a company that was the recipient of the first formal offer of US$5 million from the Government back in November 2006.
When did you buy Joe Grant Cay?
See, that has never happened. We did not buy Joe Grant Cay. We bought the freehold of the 200 acres of Joe Grant Cay, and the rest (512 acres) is provided to us by a Conditional Purchase Lease through a development Agreement. I am not sure whether you followed it, but this island was first offered at US$5 million to Caicos Platinum Ltd, when that company was owned by previous developers. Then, 200 Acres of it (approximately 30%) was offered to us at $2 million in early June 2008, by the decision of Cabinet, led by His Excellency the Governor Richard Tauwaree. At the specific instance of the Government (and with some reluctance on our part given the risk to which we were thus being exposed in advance of the conclusion of a development agreement), we were asked to close the purchase of the 200 acres hotel parcel on an urgent basis, apparently because of very low cash flow issues at Government level. Having agreed to do so, the Governor again changed its mind, obtained a new valuation by a third-party QS and informed us on June 19th, 2008 that the price of the hotel parcel had been increased to $3.2 million. We paid that price for 200 Acres and bought a portion of Joe Grant Cay on June 20th, 2008 on de day of Groundbreaking ceremonies of Dellis Cay.Governor Hon. Tauwaree came in the afternoon to this ceremonies,was very happy,that Joe Grant deal was finally closed after 1,5 years of negotiations.He congratulated me on the day,the funds of the transaction was in the account of government.
What about the Development Agreement?
You know, it took us almost 2 years from the first discussions, but 5 months after our acquisition of the 200 Acre parcel, in November 2008 to get a Development Agreement. I am not sure whether you re know but The Governor executes all major agreements on behalf of the Government. So, Governor HE Gordon Wetherell, and our CEO, Director, Michel Neutelings have met for the execution of the Development Agreement.
Dr, Is there anything special in the Agreement?
All development agreements in Turks and Caicos Islands, usually have more or less the same provisions. However, we have an additional obligation on our part to pay 15% on the gross amount on the sale of villa lots in the development to the Crown. I am not privy to all development agreements in TCI but I am not personally aware of any other development agreement which contains an obligation of that nature. From the standpoint of the public, it is clear that if my partners and I make a major investment on Joe Grant’s Cay such that the price which a buyer might pay for a villa lot is greatly enhanced, the Government receives a corresponding benefit without any of the business risks undertaken by the developer. Joe Grant Cay was going to be a new source of income for the TCI Government and TCI islanders. This remote and inhabited island was going to be the home for a new hospitality project providing new jobs and opportunities for everyone. I would imagine that most of the ex Middle Caicos residents would returned to their home from their present endeavors in Providenciales. In summary, this project had a very important social aspect. I have on many occasions discussed these aspects with both Honorable Governors Tauwahare and Whetherel.
There were discussions about the valuation? What you have to say on it?
Look, I am a developer, a businessmen. I got interested in this deal as the 712 Acres was available at US$5 million to a number of developers who apparently did not perform. I wanted to buy at this price. At the end, I have negotiated more than 18 months to get 30% of this cay at US$3.2 million. I took a significant risk by paying that price and closing that purchase without having a signed development agreement with TCIG, with no guarantee that we could carry out our development plan or acquire the rest of the Cay. I trusted to Governor Hon.Tauwahare and later on to Governor Hon.Whetherel.
Now coming to the valuations, I understand from the Inquiry that under the leadership of the HE Governor Tauwaree himself, the Cabinet has sought a number of conflicting valuations both from their own valuation department and from a private commercial appraiser on June 2008. They have as the Cabinet, together with HE the Governor, have decided to take the valuation of the commercial appraiser as it reflected the market value.
Now, the question is why did they not picked the high value but the low value?
My answer is that the valuation of the land is obviously a matter for the Crown and for experts in that field. That is why I have hired some of the leading experts in this field to assist me. What they say is simple: the Valuation officer has attempted to value this property by direct comparison to couple at Ambergris Cay, and sale listings from marketing brochures (and not actual transactions) at North Caicos Marina and Middle Caicos. I am told that those comparable do not come near being appropriate for the purposes of valuing Joe Grant Cay.
At Ambergris Cay, for example, lot sizes of between 0.32 – 1.85 acres each are compared to our project of 700 acres. In addition, Ambergris Cay forms part of an established luxury brand, and considerable expenditure has been undertaken on the extensive infrastructure. I do not know if you know but Ambergis Cay has all its utilities underground, electricity and water, It is the only island in this country which has an underground sewer system. Everything is self-generated on the island, water making, the treatment of the sewer system. It has even an uncompleted marina that is not completed but obviously a port facility) including the inclusion of the biggest private runway (6,000 feet) in the Caribbean. Overall Ambergis Cay it is a self-sufficient island that has all of the amenities and can function, unlike North and Middle Caicos which has to have power on the sea cable from Providenciales. North Caicos Yacht Club is also a developed property, so no parallels to undeveloped land neither. We also understand that the value r has used “sales brochure prices” in 2008. The Middle Caicos comparative is based on a sales listing as well, which was withdrawn from the market after 22 months listing period and not sold.
Now, that is what experts say. These will all come out soon. Now if you ask me what I personally think. To me, the real valuation is what I paid. Our company paid US$18 million to Dellis Cay, a 500 acres island, of which 200 Acre is private land. Dellis Cay is only 20 minutes from Leeward Highway, it had PPC Electricity cable in it, for plenty of electricity, and it is next to world-renowned Parrot Cay. I think that we have paid for the 200 Acres at Joe Grant Cay reflects the fair market price at its present state and that is “undeveloped” land at a remote location for commercial use. That is what it is.
Later on, we have asked both local and international professional valuation firms to conduct a fgull analysis and report an official valuation of this island. All these reports have confirmed the value that we have paid to Joe Grant Cay’s 200 acres and the lease agreements that we have entered with the TCI Government. In any case, after the World Economical Crisis starting in November 2008 and onwards land values have significantly eroded all around the world and especially the Caribbean.
But Dr Kinay what is the benefit of this Project to the TCIslanders? What do they get?
Look,the government did not simply sell a piece of land, they entered into a development agreement for the development of that land. If I can not develop it on time, and spend the money that the Government wants me to spend on it, than they will get back. It is in the Agreement. It is ours as long as we spend money on it. You know how much? My Development Agreement says I need to spend US$120 million on this cay in a fixed period of time. We estimated that the construction will take 2 years and create at least 150 new local jobs. Once the island is fully operational it will require at least 70 locals to manage it. As I have already mentioned, in addition to the purchase price of the land of the hotel site, we will pay 15% of our Villa sales on the 300 Acre Villa Lots and this goes straight to the Government’s budget. Not to mention, the usual development agreement obligations such as the Annual Scholarship payments, duties, work permit fees, the rents paid under the leases, stamp duty benefits accruing to TCIG arising out of sales in the development and the boost to the tourism economy of TCI.
Dr Kinay, you lost a court case concerning Joe Grant Cay June 2011? What will happen now?
I received the Turks and Caicos Islands Court’s judgment in June 2011 concerning Joe Grant Cay. I also received TCIG’s Press Release from July 2011. The judgement is grossly unfair and Joe Grant Cay development companies are currently appealing it. I could not afford lawyers as Turks and Caicos Islands Courts have frozen all my worldwide assets not allowing me to spend any funds towards my right to defend myself and my companies. Looking at the Judgment, in essence, His Hon. Justice G W Martin has concluded in connection with the political donation of $500,000 made by Dellis Cay’s parent company Turks Development LP (the Court states the donation was from ‘Dr Kinay’) to Michael Misick on 9 January 2007, the Judge found (paragraph 33) “there to be a very strong probability that the money was paid as a bribe in order to ensure that the Defendant companies obtained the benefit of the proposed development” disregarding the facts that the Defendant companies did not even exist at that time, and that the donation was made by Turks Development LP, a company developing Dellis Cay, not related in any way to Joe Grant Cay . His Hon Judge further observed (paragraph 41): “I emphasise that this judgment should not be treated as a conclusive finding that any individual has acted corruptly. Nobody should be declared corrupt if he has not had the opportunity to defend himself at trial, and that has not happened in this case.’ These statements did not make the Judgment just and fair, the basic principle of law.
On the matter of Joe Grant Cay’s valuation, His Hon Justice completely ignored the Government’s valuation report obtained from BCQS, an independent commercial appraiser who valued 200 acres of Joe Grant Cay, at USD 3.2 million for commercial use, exactly the amount of money asked by the Government in June 2008, which the development companies have paid in full. His Hon Judge ruled (Para 36, The Judgement) ‘When instructing BCQS to give an alternative valuation, McAllister Hanchell did not tell them of the proposed development, so that their valuation made no allowance for the intended use of the land.’. The Learned Chief Justice has failed to recognize that BCQS valuation report specifically stated on Page 7 Item 3.5 ‘It is assumed that planning permission is available for the subdivision of the land for residential plots or for a commercial use.’ By ignoring BCQS’s clear statement specifying that Joe Grant Cay valuation report is prepared for “commercial use”, The Hon. Chief Justice presented an unbalanced approach for the benefit of the Plaintiff. The Court’s omission of BCQS’s written representations in their valuation report is not something that I can live with and we will be pursuing the reasons for this material error.
First, the Commission of Inquiry’s publication of unredacted Final Report despite the TCI Supreme Court’s Order not to publish the unredacted Final Report cost Dellis Cay its business and caused the funders to pull their finances, now Joe Grant Cay Development companies are striped of their rightfully obtained assets.
It is clear to me that there is a set political agenda which is geared to restructure the political landscape at the Turks and Caicos Islands and we are chosen as the main victims.
I repeat categorically that I reject all accusations, and state that we are innocent
For those who doubt that the Development of Joe Grant Cay is not innocent, I have only one question:
Had the alleged privileges, favors or better conditions been present in the acquisition of 200 acres of this island, or in the Development Agreement, why both Hon. Governor Tauwhare, and the present Hon. Governor Whetherell would have executed these on behalf of the Crown?
Both Hon Governors are experienced public officials, with history of making land transactions, and executing Development Agreements on behalf of the Crown. Why did they approve these transactions if the preferential treatment was all over the documents that they have signed?
All these contracts, and 200 acres land sale were approved by the Attorney General, TCI Invest, Ministers, the Premier, and executed by 2 Hon. Governors. The Government and both Hon. Governors had 2 years to conduct due diligence. Do you really believe that they were all ‘deceived’? and did not know what they were selling? That is the real question the Turks and Caicos Public must ask.
I have faith in the law, and I will look for justice until I find it.
What are your long-term goals in Turks and Caicos Islands?
Now a new Governor is appointed as you know.His Excellency Hon.Todd is a very positive person and has a new approach for TCI.I will explain him following:
I did not come to Turks and Caicos Islands, to do few projects and go back to anywhere. I will stay and work here for many years. When Dellis Cay and Joe Grant Cay will one time open, my children, together with the young generation of Turks and Caicos Islands, will be proud of having these developments, in remote locations and will have fun.TCI er will be proud about it too.
It is also not right,to tell TCI Islander,the government recovered Joe Grant.It is not true.We have still our appeal open and when we will again lose because of the pressure of Attorney General,SIPT,TCI Government etc,we will go to the international courts for this injustice.
On Monday,07th of May the Governor published Quarterly Milestones Update. The Governor is aware that these Updates are highly anticipated for one principal reason: any indication they might give as to a date for elections. Like people anywhere who have been disenfranchised, the people of the Turks and Caicos Islands yearn for the return of their universally recognized right to elect and be governed by their own representatives. The British Government knows this as well: it is the same principle that they went to war for in Iraq, and continue to fight for and promote around the globe. Yet it is one they continue to deny in the TCI.
As for the 7 May Update, the words that caught most people’s attention were these:
“It is clear that while significant progress has been made in many areas, further work remains to be done before UK Ministers can judge significant enough progress to allow them to reinstate the Constitution, thus triggering fresh elections.”
Most people see this as a walk-back from the previously clear indication that elections will be held before the end of 2012. It appears to be part of a continuing pattern of borderline deceptions that include leading us to believe that HMG would bear the cost of SIPT!
It is a reckless and dangerous way to conduct the serious business of governance. As I travel around the Islands in my campaign for the leadership of the PNP, I sense a rising tide of frustration with the Interim Administration’s fixation on Milestones progress as opposed to the welfare and well-being of real people. The growing attraction of full independence is fed by this frustration as much as it is by the arrogance, insensitivity and double standards that have come to characterize the British mission here.
In my first address as Chairman of the Consultative Forum, I said that the best job the Forum could do for the people of the TCI is to work itself out of a job as quickly as possible. I resigned more than two years ago to undertake the far more important work that I am currently doing, and almost three years on the Forum is still firmly in place with no apparent end in sight.
So we are halfway through the year and suddenly doubt has been cast on the widely accepted belief, created and encouraged by the Governor and his bosses that elections will be held before the end of the year.
Many people will find that disappointing and discouraging and the only way to repair the damage now is for the Governor to expressly confirm that elections will be held before the end of the year, to name the date and to make the Milestones fit that date. They are after all his milestones, not ours!
Having had the opportunity to gauge the mood of the people, I have come to the view that an early date for elections is the single most important item on our agenda of things to be settled with the British. If that continues to be denied I will, as Leader of the PNP, and after close consultation with my Party’s Executive and with their support, devise and pursue such strategies as may be necessary to restore this most basic of human rights to the people of the TCI.
On Monday, Governor Ric Todd released a comprehensivereport on the progress to April 2012 towards the required milestones imposed by Britain before elections will be resumed in the TCI.
Governor Ric Todd
Since 2009, Todd said, the interim administration has been working to stabilise the economic position of the Turks and Caicos Islands, update laws and legal safeguards to ensure impartial decision making in government, tackle the necessary changes in land and immigration matters, put in place robust public financial control and create a more efficient and effective public service. Progressively, as the changes identified are implemented, UK ministers will be in a more informed position to decide when the time is right to restore a locally elected administration.
Milestone 1 – Implementation of a new TCI Constitution Order
The preparation of a new Constitution was completed in July 2011 and the new Constitution is ready to be put into effect when progress has been made on the other milestones. It will be brought into force thirty days before elections, when a date is decided by ministers in London. Preparations required to be ready for an election were described by the Governor’s Office in October last year, since then they have been progressing steadily and require a few more months to be completed:
• A national census to provide a more accurate measure of the population of TCI began in late January. Enumeration finished in April and a summary of the enumeration exercise is expected to be published soon.
• An updated Elections Ordinance to tighten up the voting procedures, including the arrangements for conducting the ballot for the new ‘All Island’ candidates has been consulted upon widely and the text is completed. It is scheduled to become law in May.
• Drafting instructions for a new law on the conduct of political parties, as recommended by the Commission of Inquiry report, are with a legislative drafter. These define the intention to establish acceptable sources of political funding, campaign methods and accounting practices. Completion is intended for June 2012
• Electoral registration of voters by the Elections Office commenced in April, supported by a project led by the Ministry of Border Control and Labour to verify TCIslander status and issue secure documentary proof of status. This process will continue until 30 June 2012.
A provisional Register of Electors is expected to be published in July. Dependent upon the number of challenges to be resolved during July, a final Register of Electors will be published in August or September. An Electoral Boundaries Commission, scheduled for July, will define the ten new electoral districts and a new Boundaries Ordinance will be prepared in August. Election information and poll worker training is in preparation and will be ready for implementation in the summer.
Milestone 2 – Introduction of new ordinances
Several improvements to the laws of the TCI were identified by the Commission of Inquiry and, subsequently, others were found to be necessary. The programme of drafting new ordinances started eighteen months ago and, in conjunction with a team of legislative drafters funded by the European Union, several further ordinances are in preparation. This ‘ordinances’ milestone mentions requirements for new laws on specific topics:
• The Integrity Commission (Amendment) Ordinance came into force in March. It widens the number of public office holders in TCIG, the statutory bodies, uniformed services and future elected leadership who are required to give personal and financial data about their interests to the Integrity Commission. Information from individuals is assessed against its standards and those in compliance are granted a Certificate of Compliance. This certificate is a necessary requirement to hold public office. The ordinance also reinforces the independence of the Commission from government influence.
• A second, and complementary, ordinance is being prepared by the EU-funded drafters to confer increased powers upon the Integrity Commission for its investigations into suspected fraud and corruption.
• Considerable progress has been made in completing new public financial responsibility ordinances. The Public Financial Management (PFM) and National Audit Office (NAO) Ordinances were put into force on 1 April. The PFM Ordinance defines the new financial management and control procedures to be followed by all public servants in ministries, statutory bodies and any service receiving public funds and creates new criminal and civil penalties for failures in administration. The NAO Ordinance creates a strengthened, independent audit and investigation function over public finances, with direct reporting to the Governor
• A further financial management ordinance is in preparation to define the role of the Chief Financial Officer within the restructured TCIG civil service. This position is a requirement of the UK government loan guarantee and is specified in the 2011 Constitution Order. Completion of this ordinance following consultation is expected in June.
Milestone 3 – Establishment of robust and transparent public financial management processes
Emphasis under this milestone has focused on continued implementation of existing financial controls and the additional requirements in recent legislation:
The new PFM Ordinance came into force on 1 April 2012 and introduced a wide ranging set of verifiable accounting and compliance requirements. In particular, it sets out a clear mechanism for budget control and specifies the delegation of financial responsibilities within ministries. It also addresses financial management within statutory bodies. Public resources are only allocated to statutory bodies through a formal Letter of Sponsorship from a sponsoring ministry and these bodies must now conform to the same financial regulations as government ministries and departments. There has been wide consultation on the new law and further training and in depth briefings should be completed by the end of June
The Audit Department in TCIG is also being reformed into two distinct bodies: the National Audit Office, a statutory body that will operate outside ministerial control, and the Chief Internal Audit Department, which will focus on internal government controls, risk management and governance processes across TCIG. The National Audit Office (NAO) is mandated by the NAO Ordinance approved and scheduled to come into force on 1 September 2012. The operations of the new Chief Internal Audit Office are described in the PFM Ordinance
The TCIG Budget for 2012/13 will be approved on 23 May. Additional time was allowed for new Permanent Secretaries, who took up their posts on 1 April, to carry out a review of their new ministries and submit pragmatic budget bids for their revised areas of responsibility
The PFM Ordinance conferred an Accounting Officer role on all Permanent Secretaries from 1 April 2012. Permanent Secretaries are now legally responsible for the proper use and accounting of public funds by all departments within their ministry, as well as statutory bodies that fall under their remit. In the case of statutory bodies, financial powers are delegated to Directors/CEOs who are held at the same standards as a Permanent Secretary/Accounting Officer
Work is in progress to improve the speed and quality procurement and contracting processes used by TCIG by reform of the present central procurement model, development of a central contracting unit and introduction, where appropriate, of other forms of contract management such as category management, pricing and market testing, framework contracts and proactive management of existing contracts to ensure the public get good value for money.
Milestone 4 – Implementation of budget measures to put the TCI government on track to achieve a fiscal surplus in the financial year ending March 2013
This is a milestone that will continue to demand vigilance. Public expenditure overall for the last financial year (up to 31 March 2012) was lower than the previous one, although unplanned events pushed the final total off-track. This was due in part to the need to tackle the NHIB funding shortfall for the hospital contract and to cover more unpaid bills from the past that surfaced during the year, such as disputed medical treatment expenses with overseas providers and accumulated electricity charges and debts.
An intense and challenging budgeting round has been held since January alongside the slimming down of the number of ministries to five. The new budget is expected to confirm it is possible to achieve and sustain a financial surplus in TCIG’s current (checking) account.
Creating a surplus in TCIG’s annual accounts, where more money is received than expended, can be used to invest wisely in replacing key elements of the national infrastructure, as well as paying off part of the national debt. It is absolutely essential to rebuild the country’s creditworthiness in the eyes of the international community. Over time, restoring an acceptable credit rating for TCI will permit the country to refinance the remainder of its debt at an affordable interest rate when the UK loan guarantee expires in 2016.
Whilst government revenues have improved and public expenditure has fallen, the ability to produce a financial surplus in TCIG’s annual accounts requires vigilance to recognise and mitigate possible external economic shocks, for example major unplanned expenditures or changes in the costs of imported fuel and goods. During the last quarter:
• Considerable effort has been made within TCIG to contain the public sector budget into the future. A voluntary severance scheme was largely completed at the end of March when over 400 people left the civil service. This exercise has reduced the size of the civil service to its 2004 level
• Revenue income has been improved by more rigorous enforcement of existing charges. Further work in this area should tackle the apparent 40% drop-out rate in business licence renewals and gather in payments to TCIG required under Development Agreements
• There are still too many statutory bodies and several have salary levels and terms and conditions that are more generous than their sponsor ministries. Around $10m was spent in the last financial year on running these bodies and for most little or no assessment of their value for money has been undertaken. In January there were 37 bodies in existence. Whilst some are essential or required by the Constitution, they still need to prove their worth alongside the others. By the end of April three bodies were wound up: TC Invest, the Business Licensing Committee and the Business Licensing Appeal Tribunal. Their functions where still necessary have been reabsorbed into TCIG or ways have been found to provide them in a more efficient manner. As a precursor, the Ministry of Finance has placed the same requirement on statutory bodies as for ministries to reduce operational costs in 2012/13 by a further ~25% compared to the last financial year. It is expected this should be achieved by improving operational efficiencies and cutting out unnecessary expenditure. For example, the NIB and NHIB have been asked to combine their separate and duplicative contributions collection operations. Both schemes require payments to be made from salaries and other incomes so a practical plan for joint working should be possible
• Permanent Secretaries now have to sponsor each statutory body and they have been asked to identify if further bodies should be considered for closure, merger or transfer to the not-for-profit sector. Where changes have been identified they will be taken forward by ministries in the coming months and for those that will continue, very close scrutiny of individual business cases will be given to those that require their boards to be renewed on 31 May
• During this quarter, following intensive work by the Ministry of Finance, the compilation of the national accounts for the years of 2008/09 and 2009/10 were completed, alongside the better evidenced accounts for 2010/11 and 2011/12. TCIG is eager to publish these to demonstrate the trend in financial improvement and will do so once they have completed external audit. This audit step is under way for some time but the number of weeks it will take to complete is outside the of the control of TCIG
• A VAT Green Paper was published in March that lays out steps to be taken up to April 2013 to reform the tax system by introducing this change. It also informs the commercial sector of the preparations they will be required to undertake
• The TCIG’s economic planning team have been brought into the core of government and delivered two important tasks since January. First, they organised and led a meticulous and comprehensive national census and are now busy compiling and analysing the data. Second, work has begun on a medium term economic plan. Whilst this work requires further data to be collected from within TCIG and key business sectors, it is expected a report will be available for wider review and consultation from June. An economic development plan is an important step for TCI to show to the international community it has a sound view on what it seeks to achieve in maintaining and growing the economy over the next five years.
Milestone 5 – Implementation of a transparent and fair process for acquisition of Turks and Caicos Islander status
The nationwide consultation exercise led by the Consultative Forum ended in February. Over 140 email submissions were received, many of which represented a number of people. One submission, from The Men of Grand Turk, was signed by 387 Islanders. Hundreds of people attended a series of public meetings held on all of the islands. The high level of public engagement with this exercise was very welcome. In mid-March, the Consultative Forum met to confirm the messages received in response to the consultation. These messages are now being built into the preparation of a new ordinance to meet the milestone.
A transparent and fair process requires more than new law: it needs to be supported by clear policies and procedures and administered consistently by capable staff. The Ministry of Border Control and Labour is continuing to implement its comprehensive change programme, launched last year, to institute clear policies and consistent, lawful practice at every stage in the system. The aim is stronger borders, targeted and prioritised enforcement, effective employment services, and accurate and secure services for citizenship, civil registration and permanent status.
Achievements in the first quarter of 2012 include:
• Clearance of the long-standing backlogs of PRC and nationality cases
• Apprehension and removal of some high-harm individuals from TCI
• Significant progress towards putting the coastal radar system into operation. The mast and base facilities are being renovated and a recruitment exercise for radar operators is under way. A contract was let for the installation of radar equipment and work is planned for May and June.
Milestone 6 – Significant progress with the civil and criminal process recommended by the Commission of Inquiry, and implementation of measures to enable these to continue unimpeded
Thirteen people have been charged with criminal offences by the Special Investigation and Prosecution Team since late 2011. It is understood a number of lines of inquiry are still under investigation.
• In April sufficiency hearings before a judge were held for eleven of the defendants. Four defendants conceded there was sufficient evidence against them to stand trial and for the remainder the judge found there were sufficient grounds for all counts to be taken forward for trial. A further sufficiency hearing is scheduled for May for the other defendants and a plea and directions hearing, at which trial dates are expected to be set, is fixed for July
• The FCO announced a grant of £3.8 million at the end of April to reimburse costs by the SIPT investigations in 2011/12. A further grant of £745 000 was also made by the UK to cover construction costs to rehabilitate the court facilities on Providenciales
• The pursuit of civil recovery cases has continued actively throughout the last quarter. This work is detailed and the prospect of further recoveries remain strong
• Work has continued since late 2011 to prepare three new ordinances: Crimes Ordinance, Criminal Procedures Ordinance and a Legal Professions Ordinance. Initial drafting has been completed and it is expected these will be published by the AG’s Chambers in draft form for consultation in May or June 2012.
Milestone 7 – Implementation of a new Crown land policy
This milestone was completed when the Crown Land Ordinance came into force in March. To ensure the new arrangements for Crown land are implemented successfully various reforms are in place:
• The management of Crown Land, land valuation and land surveying has been moved to the management and control of the Attorney General
• A new Commissioner of Lands has been appointed and is answerable to the Attorney General
• The final approval for the sale of Crown Land in the future will be signed off by the Governor’s Office.
An outstanding matter is the recruitment of a permanent Land Registrar. The UK has agreed to fund further temporary assistance until the summer to provide a further opportunity for a suitable person to be found.
Milestone 8 – Substantial progress in the reform of the Public Service
This reform is not simply a matter of re-sizing departments or moving people from one team to another. It involves changing attitudes in the workplace, innovating new methods of working and reorientation of activities to provide the general public with a more welcoming and friendly service. This milestone involves creating the conditions for impartial policy-making, establishing sensible boundaries to ministerial influence in the internal affairs of a ministry, adjusting the number and structure of ministries and units, and improvements in the volume and quality of services delivered:
• Nine ministries and 13 permanent secretaries were reduced to five each on 1 April
• Following the voluntary release scheme the civil service has returned in size to its 2004 level. No further major rationalisation is expected but the recruitment freeze will continue, except in justifiable cases, and remuneration arrangements will be unaltered
• Further performance management, service quality and policy-making training for the new PSs, managers and key officials in TCIG will be undertaken during 2012
• A new Directorate for Human Resources has been created to replace OPSM
• A new Public Service Ordinance is being prepared by the EU-funded legislation team, together with a rewritten set of General Orders. One intention of this work is to return the determination of staff discipline and performance management to line managers within ministries and give a new, strategic role to the Public Service Commission. These changes are expected to be completed in the next quarter
• A separate project began in April to identify efficiencies and opportunities to pool effort, amongst four, small statutory bodies whose roles are defined in the Constitution, whilst maintaining their individual identities: Public Services Commission, Human Rights Commission, Integrity Commission and Complaints Commission
• New terms and conditions, more similar to the civil service, have been drawn up and will be applied to new board level appointees on statutory bodies. Many of the remaining statutory bodies will have to conform to the new terms and conditions when the boards are renewed at the end of May.
Whilst not specifically part of this milestone, it is pleasing to report:
• Police reform is progressing smoothly and the subject of separate progress reporting to the Governor and Advisory Council
• Prison reform has led to many changes in the regime at HM Prison Grand Turk and the creation of work training and activity programmes for prisoners. For example, the expansion of the prison farm into poultry and eggs has been reported recently in the media. Sentence management for prisoners has been implemented and interventions targeted to assist offenders for life after prison, such as Anger Management and ‘Just Think’ cognitive therapy. Work continues on court video links and plans for a remand centre on Providenciales. These should reduce the need to transport prisoners to court by plane from Grand Turk, with savings in cost and improvements in convenience for all concerned.
DFID has stepped up its assistance to TCIG in April with the establishment of a staffed Programme Office working with Chief Executive Officer. Its role is to identify improvements and maintain momentum in the reform and restructuring under way across every ministry and with the statutory bodies. This will be an active and intensive area of work during the next quarter. Ultimately, the desire is to build up within the civil service a culture of continuous improvement. Incentives and rewards for improvement in service, as well as for outstanding work, are one part of this culture change and these will be reviewed as part of the reform of General Orders.
In conclusion
Sustained and impressive progress has been made in the first quarter of 2012. It is to the credit of all involved in modernising the public service, governance processes and financial management of TCI that step by step the necessary improvements established by the milestones are being fulfilled.
United Kingdom (UK) ministers have cast further doubt about the possibility that elections that will return the Turks and Caicos Islands to self-rule will be held this year.
“It is clear that while significant progress has been made in many areas, further work remains to be done before UK Ministers can judge significant enough progress to allow them to reinstate the Constitution, thus triggering fresh elections,” said Governor Ric Todd who has just returned from an official visit to the UK where he met with UK Ministers.
“For some of the milestones, such as those relating to the constitution and Crown Land, for example, there is little left still to do. Others such as the pathway to acquiring Islander status should be well on the way to completion later this summer. We must continue to give UK Ministers confidence that the country is run according to its stated budget and a fiscal surplus will be achieved this financial year. The milestone relating to substantial progress in the ongoing criminal investigation will require their clear judgment given that the trials will not be completed this year.”
Parts of the TCI Constitution were suspended in August 2009. Elections were constitutionally due in 2011, but over the past few months, certain British officials have been teasing residents of the Turks and Caicos Islands with promises that elections will be held this year.
The Governor added: “The real story behind this update, however, is that there are a great many people both here in the TCI and the UK too working very hard towards achieving these milestones which will make this country a fairer and more transparent society in which to live, visit and to do business in. I would like to take this opportunity to thank each and every one of them for all of their hard work and commitment.”
According to a press release from his spokesman Neil Smith, Governor Todd will now conduct public meetings in North and Middle Caicos on May 10 and 11, Salt Cay and South Caicos on May 14 and 15, with dates still to be confirmed for Providenciales and Grand Turk, where he will personally update community representatives.
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The primary objectives of the Interim Administration, expressed through the milestones, to: stabilise the financial position of the Turks & Caicos Islands; update laws and legal safeguards to ensure fairer decision making; reform weaknesses in land and immigration matters; put in place robust public finance procedures and create a more efficient public service. Posted May 7 2012 in SUN TCI
