3. The Minority Leader (Keivon   Morris) asked the Chief Secretary:

“Given the highly publicized Emergency Management Authority release, citing concerns about certain ongoing Tobago House of Assembly projects, is it the case that the Secretary of Infrastructure, Quarries, the Environment and Urban Development did not seek the requisite approvals for said projects, including the ‘Stage in the Sea’, and if so, is he not in breach of the Environmental Management Act?”

Madam Presiding Officer, to respond to question No. 3, which has to do with the Emergency Management Authority (EMA), I wish to   answer by reading directly from the Tobago House of Assembly (THA) Act 40 of 1996, section 25(2)(3) and it   reads:

“Where a statutory authority or a State enterprise provides services in Tobago, that authority or enterprise shall, (not ‘if,’ ‘but,’ or ‘maybe’) in exercising its duties in relation to those services, act in accordance with the policies or programmes of the Assembly and to this end, may enter into a Memorandum of Understanding with the Assembly.”

In other words, the EMA shall act in accordance with the policy and directives of the Assembly.

Minority Leader.

Madam Presiding Officer, we all took an oath to uphold the   constitution and the law of Trinidad and Tobago, and as far as I understand   it, there is an EMA Act, section 35(2)...

We are aware of the EMA Act. Can I have your question   please?

I want to know if the Chief Secretary is saying that whatever the THA does, supersedes the constitution and the law of Trinidad and Tobago?

Chief Secretary?

Madam Presiding Officer, the last time I checked, Act 40   of 1996, is a part of the body of laws of Trinidad and Tobago. What the THA   did in this instance, is no different than what the THA has done several   times in the past for all of its projects.

Minority Leader?

Madam Presiding Officer, I have in my hand, a letter; a media release of the EMA citing infractions of the THA - urgent media release dated October 18th, 2022.

I am sure that we are aware. Can I have the question,please?

The Environmental Management Authority (EMA) is clearly telling the THA that works that you are undertaking are, in fact, of concern. The question therefore - because the Chief Secretary has not treated with the substantive question, which is, given the   highly publicized Emergency Management Authority release, citing concerns   about certain ongoing Tobago House of Assembly projects, is it the case that   the Secretary of Infrastructure, Quarries, the Environment and Urban   Development did not seek the requisite approvals for said projects? Up to now   the Chief Secretary has not answered whether the goodly Secretary of   Infrastructure, Quarries, the Environment and Urban Development sought the approval   of the relevant statutory body of Trinidad and Tobago, which is the EMA. That   is all we are asking the Chief Secretary: whether the Secretary of   Infrastructure, Quarries, the Environment and Urban Development sought   approvals from the regulatory body of Trinidad and Tobago, which in this   case, is the EMA. Simple.

Madam Presiding Officer, it is ‘Emergency Management Authority’, so that is incorrect.

Secondly, I met with the EMA subsequent to their press   release and pointed out to them, the error in their ways. In fact, the EMA   wrote me ... [Crosstalk]

Assemblyman, allow the Chief Secretary to respond, please.

Madam Presiding Officer, I know some people have   difficulty not being able to control things, but this is one House that they   are not in charge of. [Desk thumping]

I had a meeting with the EMA subsequent to their release   to point out the error of their ways. They, beyond that press release, wrote   me a letter to which themselves were infraction of their own laws. They wrote   me about roads, when in fact, the law says that one only has to apply for a   road if it extends beyond one (1) kilometre. None of them, in fact, no one   could dictate my answer. With regards...

The question was, whether the Secretary met with the EMA.

The Secretary was a part of that meeting with the EMA when we pointed out to them, the errors in their ways.

Thank you, Chief Secretary.

Minority Leader.

Madam Presiding Officer, you know I like to ride the merry-go-round, but the question is simple - whether the Secretary of Infrastructure...

He just answered.

... sought approval before. This is after. He is saying   that he had a meeting - whether they sought approval for works that they undertook and all we want to know is whether the answer is yes or no - yes, did you seek approval by going through the process? There is a process of   approval where you have to write; you have to submit documents and all of that - whether that process was done.

Chief Secretary.

Madam Presiding Officer, let me be even more clear;pellucidly clear. Based on the THA Act, we do not need to seek that approval.We go based on the Act that says that the EMA must conform to the policies of   the Tobago House of Assembly. [Crosstalk]

Listen, listen. Members, Members.

Minority Leader, last question?

So is the Chief Secretary saying to us, that as the THA,   they can break any law of Trinidad and Tobago because they are the THA?

Minority Leader...

I asked the question because that is what I am hearing from the response, that they do not need any approval from the EMA.

I am sure that that is not what was said

That is on the Hansard, Madam Presiding Officer. It is on the Hansard. So, I just want clarity. Is he saying that as the THA, they can override any legal authority of Trinidad and Tobago?

I think he just responded to that.

Madam Presiding Officer, based on the Act and the scope of  work, it was not needed further to which...

Chief Secretary, have a seat please.

The question was answered. Moving on.