question:In Trinidad and Tobago, political finance is, for the most part, unregulated. No direct or indirect public funding is provided, and few restrictions on contributions exist. Campaign spending is limited for candidates, but parties are not addressed in the law. In fact, parties are not the subject of any legislation whatsoever, despite their prominent presence in the Trinidadian political scene. Reporting requirements mandate only that candidates submit annual reports. In practice, these reports tend to include some itemized information. Submitted reports are eventually republished in newspapers, but no political finance data is made available online. Third parties play a role in elections, but in law, their independent political activities are not regulated. The Elections and Boundaries Commission of Trinidad and Tobago (EBC) is in charge of monitoring political finance. The EBC does not have audit or investigatory powers. In practice, it also lacks the staff capacity and expertise to substantively monitor political finance, and it neither carries out investigations nor imposes sanctions. Despite several recent efforts to reform how campaigns are financed in Trinidad & Tobago, the regulatory system and its enforcement remain weak. Indeed, there are many challenges to overcome regarding public funding. For example, defining the term political party in law. The Representation of the People Act only mentions two actors that can participate in campaigns: candidates and election agents. This lack of definition poses a challenge in registering political parties and implementing such provisions as direct state funding of campaigns. The election agent is referred to throughout the law, but never defined. Not applicable. There are no laws with such provisions in Trindad and Tobago. This was confirmed by Dr. Bishnu Ragoonath, Political Scientist who stated, there is no such law. While this is the case, similar questions have appeared in discussions surrounding campaign finance and political party regulation in Trinidad and Tobago. Over the period 2013-2014, the Chairman of the Electoral and Boundaries Commission, Dr. Norbert Masson, in a presentation at the Trinidad and Tobago Transparency Annual Conference titled the Corruption Package, argued that while, 116 out of 177 countries surveyed, in Political Finance Regulation and Funding around the world published by IDEA, did include laws related to direct or indirect funding of political parties. There were important questions that needed to be addressed [ by Trinidad and Tobago] namely: 1. Which political parties should be eligible to receive funds? 2. How should the available funds be allocated between eligible parties? 3. Are some or all of the funds earmarked for a particular purpose or purposes? In raising these questions, Dr. Masson indicated that the biggest challenge to such reforms is the registration of political parties. At present, there is no lawful manner in which to do so in Trinidad and Tobago. Such reforms are widely supported in Trinidad and Tobago. Referring to a confidential meeting with major political parties in late 2013, Dr. Masson stated that, unanimously the political parties demonstrated conceptual support for the introduction of legislation governing the registration of political parties and the public funding for political parties although it was noted that the details of the latter would require extensive work. The local private sector through the Trinidad and Tobago Chamber of Industry and Commerce in an article titled, Campaign Financing Reform and the Role of Political Debates questioned why the Government has not acted on its' manifesto's [2010 General Elections] promise of the reform. Additionally, the Chamber offered its support for these reforms as a mechanism to curb grand corruption in the country. Interview: Dr. Bishnu Ragoonath, Political Scientist and Head of the Department of Political Science, University of the West Indies, conducted on 15th August, 2014. Not applicable. No law pertaining to the direct funding of political campaigns exists. Consideration has been given to public funding of political campaigns but only to the extent that the Electoral and Boundaries Commissions has made statements on this (See question 3). In these discussions, no opinions have been expressed related to whether such funding information will be made publicly available and how this will be done. This also was the perspective shared by Dr. Ragoonath- Political Scientist. No law exists which prohibits the use of state resources in favor of or against political parties and individual candiates. There is documented evidence of the use of state resources for campaign purposes by the incumbent government to its advantage. For example, Ragoonath refered to a case in the 2010 General Election where the incumbent government, the People National Movement, utilised stated owned buses to transport supporters and paid the discounted bill months after they lost the elections. Ramcharan also indicated that in the General, Local, Regional and By- Elections in the past four years, there have been allegations of the use of the state food card programme for electoral purposes--the TT card is a conditional cash transfer programme for the needy. Masson, also refered to the use of state funds for public transport 2.) unauthorised use of State resources such as transport facilities and equipment in the conduct of political campaigns. In his column, Rambharat refered to other instances of state resourses being used, stating there are other abuses and in some cases breaches of the law in the way the State media is commandeered and put to use during campaigns, with the incumbent using political control to manipulate the schedules, picking and choosing the access of opposing parties, and using other means to control the flow of information, discussion, and dialogue. Peer reviewer comment: Agree. While there are no prohibitions with respect to the use of state resources for political parties, a number of allegations have been made with respect to the Public Transport Corporation's use of vehicles for the transport of political supporters and the use of the media for advertisements by the political party in power. However, these allegations were all investigated by the Integrity Commission of Trinidad and Tobago during the period 2010 to 2013, which concluded that there was no evidence to support these allegations. Interview: Ronald Ramcharan, Treasurer, Trinidad and Tobago Transparency Institute, conducted on 28th August, 2014. Not applicable. There is no law which gives free or subsidized airtime to political parties and/or candidates. However, Article 21 of the Telecommunications Act provides guidelines for the granting of concessions of air time in State media. The Concessions Agreement of 2007 further details this process, stating that the relevant public media outlet must provide up to 14 hours of free air time each calendar week for the broadcast of government materials and programmes (Article D30). While there may not be a law for free or subsidized airtime, Ramcharan states that the political party in power tends to increase the number of government related ads during the election campaign period to promote its performance. Additionally, Ragoonath notes that state owned media also increases its coverage of Government activities during an election period which favours the incumbent political party. However, both Ramcharan and Ragoonath concur that political parties usually have to pay for airtime. Peer reviewer comment: Agree. While no such law exists, the governing parties, both past and present, have used both the print as well as the broadcasting media to advertise their policy successes. Interview: Dr. Bishnu Ragoonath, Political Scientist and Head of the Department of Political Science, Faculty of Social Sciences, University of the West Indies St. Augustine Campus conducted on 15th August, 2014. No law bans cash contributions. Anonymous contributions to candidates are banned. Article 52 of the ROPA states that, (3) The return shall also contain with respect to that candidate— (a) a statement of the amount of personal expenses, if any, paid by the candidate; (b) a statement of all disputed claims of which the election agent is aware; (c) a statement of all the unpaid claims, if any, of which the election agent is aware, in respect of which application has been or is about to be made to the High Court; (d) a statement of all money, securities and equivalent of money received by the election agent from the candidate or any other person for the purposes of election expenses incurred or to be incurred, with a statement of the name of every person from whom they may have been received. The law does not prohibit anonymous contributions to parties. The law does not directly refer to in-kind contributions but uses the term “equivalent of money received” as stated in ROPA S.53, “(4) Where the candidate is his own election agent, a statement of all money, securities and equivalent of money paid by the candidate shall be substituted in the return as to election expenses for the statement of money, securities and equivalent of money received by the election agent from the candidate. No such requirements exist for parties, as parties are not defined or mentioned in legislation in Trinidad and Tobago. Peer reviewer comment: Agree. There is no existing law with respect to in-kind donations to political parties. However, as the researcher explains, the Representation of the People's Act places limits on in-kind donations to political candidates. Article 45 of the ROPA states, (1) Except as permitted by Article 46 or in pursuance of Article 49 or 50, no payment and no advance or deposit shall be made by a candidate or by any agent on behalf of the candidate or by any other person at any time in respect of election expenses otherwise than by or through the election agent of the candidate. (2) Every payment made by an election agent in respect of any election expenses shall, except where less than one hundred dollars, be vouched for by a bill stating the particulars and by a receipt. (3) All money provided by any person other than the candidate for any election expenses, whether as a gift, loan, advance or deposit, shall be paid to the candidate or his election agent and not otherwise. The ROPA sets forth maximum spending limits for both candidates and their election agents. And the maximum that can be spent in an election campaign as stated in 48. (1): No sum shall be paid and no expenses shall be incurred by a candidate at an election or by his election agent whether before, during or after an election on account of or in respect of the conduct or management of an election in excess of the amount of fifty thousand dollars in the case of a Parliamentary election or twenty-five thousand dollars in the case of a Municipal Council or the Tobago House of Assembly election. (2) The above maximum amount shall not be required tocover the candidate’s personal expenses. No such limit exists for parties, as parties are not defined or acknowledged in the law. The Representation of the People Act, 1967 (last amended in 2000), Article 48(1) provides for the regulation of campaign spending limits for candidates and election agents in both National and Regional (Subnational) elections. No separate laws for subnational elections exist. However, there have been comments by the Chairman of the EBC to Amend the ROPA, since he's stated that, it is blatantly obvious that enormous expenditure is incurred in media advertisements alone, financed by whomsoever unknown, in support of participants' candidature, there is more than a taint of strong corruption... Ragoonath goes further by stating that there is no such regulation beyond the above stated Article 48(1) and this presents a major gap in regulating political finance; this gap, however, is a result of poor legislation, and is not due to any bifurcation in the law between national and subnational elections. The focus then of the EBC tends to be more on election management rather than regulating political finance since according to Ramcharan, candidate rarely are able to spend the full amount of 50,000 or 25,000 since most of the expenses are paid for by the political party and other contributions. Peer reviewer comment: Agree - The ROPA applies to both general as well as local government elections. The most important sources of funding for electoral campaigns in Trinidad and Tobago are donations from privately owned businesses and wealthy individuals. Ramcharan states that in more recent times, funding for campaigns came from companies who may be eligible for government contracts after the elections. This leads to contractors being predetermined, based on their contributions, for work on public contracts distributed by the new government. He also states that privately owned big businesses also fund campaigns in the hope of reaping benefits after elections. Indeed, the predominace of funding, according to Ramcharan, comes from businesses and companies seeking political patronage in the form of government contracts. Ryan in his article titled Ish, Steve and Jack: Financing Elections and Party, refers to the sources of political finance in the Caribbean and in particular Trinidad and Tobago, stating that funding often comes from big contractors, narco-traffickers and money launderers who are buying protection, or strategically placed elites who expect to be paid back....Dirty money significantly distorts our electoral processes, calling into question their transparency and legitimacy of our democratic systems. Senator Helen Drayton, an Independent Senator, echoes this view, stating in an interview that, when some campaign donors give money to political parties, it is seen as an investment, buying access to decision making. Ramcharan also noted that political parties sometimes hold fund raisers. For example, the People National Movement in the past conducted a number of raffle competitions where each ticket cost 100TTD (USD33) and the prize was a BMW car. Another source of funding for political parties is the diaspora. Both the PNM and United National Congress (UNC)the two largest political parties have been known to have participated in foreign fund raisers for their political parties. Candidates sometimes fund themselves. Independent candidates in particular are prone towards using their personal finances in campaigns. Peer reviewer comment: Agree - It should be noted that many of the political parties source funding from their diasporas abroad, for instance both major political parties (the United National Congress and the People's National Movement) have party groups in the United States of America, Canada and England, who raise funds for repatriation to the parties in Trinidad and Tobago. Interview: Ronald Ramcharan, Treasurer, Trinidad and Tobago Transparency Institute, conducted 28th August, 2014.. There have been no documented cases of violations of contribution or spending limits during the study period, or during the 2010 elections. Spending limits are only defined for candidates and their election agents, while no contribution limits exist in law. Indeed, there is a major gap in the existing law which facilitates limitless spending by political parties. Masson refers to this stating,The reality that political parties through whom monies can be channelled are not also required to submit financial statements to a supervising authority just as candidates are required to do, discloses a major loophole in the law. In such an instance, most candidates do not incur significant expenses for campaigns since this is done through and by political parties who are in no breach of the law in the absence of regulations to curb them. Ramcharan stated that candidates tend to spend within their limits. However, Masson argues that the EBC, the authority responsible for reviewing and auditing candidate financial reports, lacks the capacity to do so. Consequently, political finance in Trinidad and Tobago is not only a largely unregulated environment, it is also one in which existing regulations cannot be enforced. Ragoonath also supports this view, and states that there have been no reported cases of violations in large part due to the absence of party funding laws. Interview: Ronald Ramcharan, Treasurer, Trinidad and Tobago Transparency Institute (TTTI), conducted on 28th August, 2014. In law, only candidates and/or their election agents must report their financial information to the Chief Election Officer at Elections and Boundaries Commission--they are required to submit one report after the conclusion of electoral campaigns. No mention is made of political parties. No annual reports are required. Article 52(1) of the ROPA states: Within forty-two days after the day on which the result of the election is declared, the election agent of every candidate at the election shall transmit to the Chief Election Officer a true return in the form set out as Form No. 4 in the Prescribed Forms Rules containing, as respects that candidate, a statement of all payments made by the election agent together with all the bills and receipts. Form No. 4 mandates that candidates disclose the names, addresses, and occupation of each donor, in addition to the amount received. It also requires that expenditures be reported, but itemization is not required. This reporting requirement only applies for receipts and expenditures with the campaign period. Only candidates are required to report financial information to the ECB. They do so only for the election period, and file their returns within 42 days of the election result. No such requirement exists for parties. Section 61(1) of the Constitution states, 69. (1) A general election of members of the House of Representatives shall be held at such time within three months after every dissolution of Parliament as the President, acting in accordance with the advice of the Prime Minister, shall appoint. In sum, candidates must submit one report per three month campaign period, which is equivalent to a quarterly report. Peer reviewer comment: Agree - However it should also be noted that all persons in public life are required in law to fill out a declaration form and submit to the Integrity Commission with respect to funding and earnings for each year that they hold public office. According to Ragoonath and Ramcharan--candidates are required only to submit post election reports (equivalent to a quarterly reporting frequency). According to Narcis, candidates usually report to the EBC as required, and reports are itemized. Canddiates report on their financial activities after the campaign within the period stipulated by law. Interview: Mrs. Fern Narcis, Senior Legal Officer of the Elections and Boundaries Commission of Trinidad and Tobago, conducted on 11th September, 2014. Candidates are required to include the names, addresses, and occupation of donors in their post election reports submitted to the EBC. However, the law does not address reporting for political parties. This was confirmed by the EBC Chairman and Senior Legal Officer as well as by Ramcharan and Ragoonath. This information is also captured in the declaration form which every candidate is required to submit to the EBC after the election period for election receipts and expenditure. According to sources, candidates generally, but not always, meet the necessary reporting requirements, and submit both the names and addresses of contributors in an itemized fashion. Interview: Dr. Norbert Masson, Chairman of the Elections and Boundaries Commission of Trinidad and Tobago, conducted on 11th September, 2014. The law requires the Chief Election Officer to publish the financial returns of candidates within 10 days of receiving them. As stated in Article 58 of ROPA: “The Chief Election Officer shall, within ten days after he receives from the election agent of a candidate a return as to election expenses, publish a summary of the return in at least one newspaper, accompanied by a notice stating the date on which the return and declaration were received by him and that the return and declaration (including the accompanying documents) can be inspected at the office of the Chief Election Officer. Peer reviewer comment: Agree - Note that this does not apply to political parties. The candidate post-election reports published by the EBC are not available online, but they are published in the daily papers within 10 days of receipt by the Chief Elections Officer. Members of the public can also visit the EBC to inspect the reports of candidates. No information on political parties is included in these reports. Ramcharan and Ragoonath note that such data is unavailable to the public due to no regulations related to party funding. Ramcharan emphasized that candidate expenditure is reported but this account for a small fraction of election expenditure. No information is available digitally or in a machine-readable format. The law requires only that the information of candidates be made available to the public. The financial information of parties is unavailable, as parties are not regulated by law. Candidates must report according to Form No. 5 (see sources), but the EBC publishes only summaries of candidate financial information. These summaries are standardized in that only aggregate receipts, expenditure and the date on which the return was filed are made accessible to the public, as shown by the summary report on election expenses published after the local government elections of 2013. Dr Masson and Narcis both independently confirmed this practice. No media outlet has used the officially published financial information as a part of its reporting. This is the case since candidates never spend spend above their limits and the official spending data which is required by law to be published in at least one daily news paper covers only the grossly limited figure, which doesn't accord with the amounts actually spent in campaigns, according to Ramcharan and Ragoonath. On the other hand, Ragoonath states that journalists are only able to speculate on the true costs of election campaigns since no official data is published by political parties and they are not regulated by law. Both Masson and Narcs agree that the expenditure by political parties is far greater than what candidates file as their returns. As such, official candidate expenditures are of little interest to journalists when compared to the parties' expenditure (which are not officially published). There have been no documented cases of campaign finance violations during the study period or during the 2010 elections. All persons interviewed concurred with this. The reason for this lack of violation is the absence of robust campaign financing laws regulating political parties. Therefore, candidates play by the existing rules, while parties spend unreservedly. Allegations of vote-buying are quite frequent both during and after all levels of elections in Trinidad and Tobago. In two recent by-elections, journalist Khara Persad documented instances of vote-buying. The first was in the incumbent government's heartland constituency in which Jack Warner, the elected Member of Parliament (MP) for that area, resigned as a member of the incumbent majority party (the United National Congress) over allegations of corruption. After stepping down as MP for that constituency, he decided to run as an independent candidate within his newly formed political party. Persad reported that the Attorney General alleged that some voters were being provided with phone cards and advised to take a picture of their ballot while in the voting booth with an “X” for the Independent Liberal Party (ILP), and then present that photo immediately afterward, in order to receive some kind of reward. In the same story, the EBC Chairman, Dr. Norbert Masson was quoted stating that, “The EBC is treating with these concerns by bringing this matter to the attention of the police. The Elections and Boundaries Commission is not a police station. However the onus rested on the police to investigate such claims. Because party finances are not made public and candidate information is of extremely limited use, no civil society organizations in Trinidad used officially published financial information in their work. Ramcharan notes that the figures and sums which civil society organisations use tend to originate from secondary sources such as the media. Ragoonath also notes that even the figures produced by the media are based indirect estimates given on radio airtime or television airtime and the estimated cost for political events and equipment. However, information originating from political parties cannot be accessed. As a result, while civil society organisations to a very limited sense may use such estimates as an advocacy tool for political party finance laws, no official information is used. There have been four major debates in Parliament over the past decade on campaign reforms, while the EBC has also expressed its preference to have the existing law reviewed and amended. Narcis explained that in 2010 the EBC completed a strategic plan after much consultation but the new strategy is yet to be approved by the Cabinet. Included in the strategic plan are new staff arrangements and competencies, as well as a plan for reviewing and amending the current Representation of the People Act. In 2009 again another motion was filed, this time in the Senate by Independent Senator Ramesh Deosaran, for Parliament to appoint a Joint Select Committee to consider legislation for public financing of election campaigns. This filing was a result of the CL Financial crash which negatively affected the Trinidadian economy. CL Financial was the largest privately held conglomerate in the country at the time, and a number of senior persons in the company held important political positions and financed both the United National Congress (UNC) and the People’s National Movement (PNM) as cited in the 2009 Handsard. However a couple months after the filing, in May 2010, general elections were called, and no action was taken. In November, 2013 yet another motion was filed by Senator Drayton. She stated, Be it resolved that Parliament appoint a Joint Select Committee to propose a legislative framework to govern the financing of election campaigns and to submit its report with recommendations to both Houses of Parliament within six months of its appointment. Her motion came as a result of massive election spending during election time (especially in 2013) where there were four elections namely, the Tobago House of Assembly election, the Changuanas West by-election (contested and won by Jack Warner), the Local Government elections and the St. Joseph by-election. A common thread which runs through all three motions was their proximity to the next general elections. In 2006, the next general elections were held in November, 2007 while after the motion in 2009 the next general election, while constitutionally due 2012, was called in May, 2010. The 2013 motion which continued into 2014 leading to the establishment of a Joint Select Committee to consider reform, again a year before the constitutionally due general elections in September, 2015. Indeed, a Joint Select Committee again has been formed in 2014 for the same purpose. According to Ragoonath, in all of the cases such proposals were not made by the incumbent government even though the present administration included reforms in its election manifesto. Peer reviewer comment: Agree - Note that these were the individual views of the Member of Parliament in 2006 a Bill was not proposed so as a result the issue was never debated. The issue re-emerged in 2010 and 2013 and moved to a joint select committee. In both cases, it was again not a motion that came to the House of Reprsentatives by way of a Bill. Third parties are not required to report this information to the EBC, confirmed Narcis. Masson added that this is not done for the same reason pointed out by Narcis. This was also confirmed by Ragoonath and Ramcharan. Narcis also added that in the EBC's consultations with political parties in March 2014, this issue was raised and parties agreed to work towards a political finance framework. A Joint Select Committee was formed on the 26th August, 2014 to consider legislation on Election Campaign Financing. Neither members of the public nor journalists can publicly access the financial information on the contributions of political parties. Ragoonath states that whatever information is access is informal data based on interactions with members of political parties. Masson states that the generally there is no knowledge of such information in the public domain. Narcis also confirmed that such information is not publicly available. Ramcharan, notes that it is also difficult for citizens and journalists to have a true figure of the expenditure of third parties and states that some political funding may, according to widespread speculation, originate in company coffers. This position was also mentioned by Masson, but there is no official evidence. There are a number of third party groups within Trinidad and Tobago, including local trade union associations such as the Federation of Independent Trade Unions and Non-Governmental Organisations (FITUN), along with other trade unions like the National Union of Government and Federated Workers, in addition to civil society actors like the Highway Re-Route Movement. All of these organizations seek to get the attention of government. However, as stated by Ragoonath and Ramcharan, it is very unclear to what extent, if any, they assist in funding political parties. Trade Unions are important to campaigns since they represent a substantial bloc of voters while pressure groups and civil society organisations are able to mobilize the local community. But there is no evidence as to whether these organisations fund political parties, a viewpoint that was also echoed by Narcis. Peer reviewer comment: Agree - There are a number of third parties who are alleged to be party financiers. These include various chambers of commerce, religious organizations, NGOs, business men, the Syrian and other ethnic communities. However, these organizations do not publicly or otherwise reveal their political interests or political funding. What emerges however, is that after the elections the members of these communities may be placed on state boards or committees or they may be awarded large contracts. Article 71(1) of the Constitution states that there shall be an Elections and Boundaries Commission of Trinidad and Tobago. While the Constitution ensures that the EBC shall be established, its duties, powers and functions functions are captured in the Representation of the People Act, 1967 (last amended in 2000), stating that, the Commission shall exercise general direction and supervision over the administrative conduct of elections and enforce on the part of all Election Officers fairness, impartiality and compliance with this Act. And that, (2) There shall be a Chief Election Officer who shall, subject to any general or special directions of the Commission, perform such functions and duties and exercise such powers of the Commission in such manner as the Commission may from time to time direct, including any of the following duties: (a) to make such arrangements and do such things as are necessary for the initiation and maintenance of the unit and central registers in accordance with this Act, and for that purpose to make arrangements for the preparation and issue of the necessary forms and instruments and for the collection and keeping of such records as may be necessary; (b) to issue to Election Officers such instruction as he may, from time to time, deem necessary to ensure the effective execution of the provisions of this Act; and (c) to execute and perform all other powers and duties that by this Act or by the Commission are conferred or imposed on him. While candidates and agents are required to submit returns to the EBC, suggesting that the Commission has the mandate to monitor political finance, no powers of audit and investigatory are defined in the law. Peer reviewer comment: Agree. In law, the EBC has no auditing powers. It does not specifically state any special qualifications members of the Commission should have and possess. The law does not specify any other vetting process to ensure that the appointees to the EBC do not have conflicts of interest prior to taking office. This is not exceptional in Westminster/Whitehall systems of government. It should be noted that the Chief Election Officer (CEO) and other staff members are public officers who are hired by the Public Service Commission, a politically independent Commission for recruiting public officials. According to the Public Service Regulations, the appointment of the CEO and other members of the EBC Department should be based on merit as well as seniority. The regulations, however, are prescriptive, and are worded in such a way that public, competitive appointment processes are not guaranteed. The regulations state: 14. Whenever it is in the opinion of the Commission it is possible to do so and it is in the best interest of the particular service within the public service, appointments shall be made from within the particular service by competition, subject to any Regulations limiting the number of appointments that may be made to any specified office in the particular service. 15. Where the Commission considers either that there is no suitable candidate already in the particular service available for the filling of any vacancy or that having regard to qualifications, experience, and merit, it would be advantageious and in the best interest of the particular service that the services of a person not already in that service be secured, the Commission may authorise the advertisement of such vacancy. In sum, the law suggests that appointments are based on merit in a process that is mostly accessible to the public, but there are no firm, comprehensive prohibitions against conflicts of interest. Peer reviewer comment: Agree. While the Chairman and members of the Board of the EBC are selected by the President, as stated in the prescribed legislation, the administrative arm of the EBC is composed of public servants appointed by the Service Commissions Department. There are no prescriptions with respect to conflicts of interest. The process for appointing Commissioners is done by the President after consulting the Prime Minister and the Leader of Opposition. However, the constitution does not specify what qualifications Commissioners should possess. This of course raises the question of merit. Ragoonath observed that none of the Commissioners have a background in Political Science. The present Chairman for example is a qualified Engineer. Ramcharan also expresses a similar position as Ragoonath whether appointments are in fact based on merit. The recruitment and selection of the staff of the EBC is conducted by the Public Service Commission which is free from political interference, stated both Masson and Narcis. The process of appointment of Commissioners is not a public process. However, the recruitment of high-level staff in the EBC Department is advertised publicly. There are no documented accounts of conflicts of interest either of Commissioners or the staff of the EBC. Article 71 (8-10 and 12) of the Constitution speaks to the independence of the Commission in that it may regulate its own procedures(subArticle 8), be provided with adequate staff to carry out and discharge its functions (subArticle 9), salaries for staff to come out of the Consolidated Fund, and are not subject to the direction or control of any person (subArticle 12). However, the Constitution is not clear on the removal of Commissioners, stating only in 71(5) that, a member of the Commission shall vacate his office— (a) at the expiration of five years from the date of his appointment, but is eligible for reappointment; or (b) where any circumstances arise that, if he were not a member of the Commission, would cause him to be disqualified for appointment as such. Section 25 of the ROPA speaks to the authority of appointees to the EBC to review cases and make decisions. Further, the staff are recruited and appointed by the Public Service Commission, which is enshrined in the Constitution as an Indepenedent body which secures tenure for its employees and the PSC also is responsible for the termination of and discipline of public officers. As such, appointees have the authority to review cases and issue decisions, there is some measure of security of tenure, and the PSC oversees disciplinary procedures. The staff of the Commission are assured tenure as public officers recruited by the central Public Service Commission. Additionally, Commissioners are not subject to political influence during their term of office, states Narcis. As the Chair of the EBC, Masson indicated that the Commission aims to maintain the strictest sense of integrity. Both Masson and Narcis indicated that in order to maintain this level of neutrality, they both do not vote at elections, but this is not prohibited by law. While the independence of EBC appointees is guaranteed, there have been question about the limits of this independence. For example, the Commission is subject to the Public Service Commission for staff, stated Masson in the interview. He went on to say that the EBC has very little control of its staff due to this arrangement and the competencies of the staff recruited are not at the level that the EBC requires to perform optimally. Masson is also quoted in commenting on the fact that the EBC's budget is controlled by the Government, The budget of the EBC is subject to the dictates of the Public Service,” Masson argued in his written submission. “Further, it is subject to the laws of delay that bedevil human resource recruitment through the Public Service machinery. As is being proposed for the Parliament, it is recommended that the department of the EBC be de-linked from the Public Service.” cited in the Newsday Editorial of 26th May, 2013. Commissioners are appointed and therefore are subject to the President's approval for re-election. However, the staff of the EBC Department enjoy security of tenure since they are governed by the Public Service Commision. There have been no documented cases of staff being disciplined or transferred without due process. The Composition of the Commission is 5 members, including a Chairman. It is supported by staff, including the Chief Elections Officer, whose roles and functions are specified in the ROPA. The structure of the Commission is also set out in section 3 of the Act. Based on demands, such as an approaching election period or outside of an election period, the Commission may meet frequently or less frequently, stated Masson. The decision making process of the Commission is usually by consensus and considers matters before it as captured in the Act and the Constitution stated Narcis. The law does not provide for any particular formula for decision making on particular matter and as a result, the Chair uses his discretion based on the matter. Ragoonath is also not aware of any special decision making process for the Commission. Peer reviewer comment: Agree - The Chief Elections Officer carries out his legal obligations. According to ROPA, this means that he directs elections and carries out all duties connected to that. According to Dr Masson, the EBC Chairman, the EBC’s Department does not have the expertise to either review and audit such statements or to investigate any violations. He further emphasized that the EBC was lacking general capacity. Thus far I have drawn attention to deficiencies militating against transparency in the ROP as they relate to campaign expenditure and in this regard, to attributes very likely to strengthen current legislation, namely: i. Full disclosure both by political parties and candidates of the sources and flow of finance in the conduct of their administration and management of election campaigns; ii. Inclusion in the provisions relating to disclosure requirements of potent sanctions for either non-compliance or wilful submission of incorrect information; and iii. Auditing by appropriately-qualified independent professionals of all financial statements submitted by political parties and candidates and the publication of the findings of such audits and of any investigation associated therewith. Supporting the statements made by Masson, Ramcharan also stated that the EBC had no capacity to monitor and review political finance effectively, and that the staff had a limited understanding in the field especially in the absence of robust regulations. Ramcharan also noted that the comments from the EBC focused on 'what regulations should exist rather than what currently exist and how they can work within the present framework. Ragoonath also agreed that the EBC had no such capacity to monitor political finance. On the other hand, the EBC has been lauded for good performance in monitoring the election campaigns, efficiently producing election results, as stated in the Express Editorial, At a time of much hand-wringing about the capacities and accomplishments of national institutions, the commission has risen to the challenge. Not only has the conduct of the elections proceeded without any major mishaps, but citizens have even commended the professionalism and politeness of the persons chosen to staff polling stations on election day. Moreover, the EBC has also taken in stride the organisation and management of the brand-new system of proportional representation, with aldermen posts to be announced soon. This demonstrated that the focus of the EBC is not in regulating political finance and monitoring the financial reports submitted by candidates but on election management. No investigations or audits were conducted over the period. This was confirmed by both Ragoonath and Ramcharan. Further, Masson stated that, Unfortunately however, the EBC’s Department does not have the expertise to either review and audit such statements or to investigate any violations. The EBC never conducted any investigations or audits, stated Narcis and Masson. Ragoonath concurs that audits and investigations related to campaign finance have never been conducted. Narcis notes however, that candidates have never exceeded the spending limits. On most occasions, candidates or their agents produce reports that are just under the limits applied. Masson goes further to state that the EBC accepts the financial reports submitted, publishes a summary report in the daily news paper are required by law but does not have the capacity to review or audit statements submitted in election returns. Where any person knowingly provides money for any payment which is contrary to this Act, or for any expenses incurred in excess of any maximum amount allowed by this Act, or for replacing any money expended in any such payment or expenses, except where the payment or the incurring of the expenses may have been previously allowed in pursuance of Article 149 to be an exception, that person is guilty of an illegal payment. A person who makes any payment, advance or deposit in contravention of Article 45(1) or (3) or provides any money for any such payment, advance or deposit is guilty of an illegal practice. (1) Subject to subArticles (2) and (3), if any person incurs, or aids, abets, counsels or procures any other person to incur, any expenses in contravention of Article 47 or knowingly makes a declaration required by Article 47(3) falsely, he is guilty of a corrupt practice, and if a person fails to send any declaration or return as required by Article 47, he is guilty of an illegal practice. (2) The Court by whom a person is convicted under this Article may, if it thinks it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of Article 148(2). (3) A candidate shall not be liable and his election shall not be avoided for a corrupt or illegal practice under this Article committed by an agent without his consent or connivance. (4) Where an act of an association or body of persons, corporate or unincorporate, is an offence declared to be a corrupt or illegal practice by this Article, any person who at the time of the act was a director, general manager, secretary or other similar officer of the association or body, or was purporting to act in any such capacity, is deemed to be guilty of that offence, unless he proves that the act took place without his consent or connivance and that he exercised all such diligence to prevent the commission of the offence as he ought to have exercised having regard to the nature of his functions in that capacity and to all the circumstances. Any candidate or election agent who knowingly makes any payment or incurs any expense in contravention of Article 48 is guilty of an illegal practice. (1) Subject to subArticle (2), an election agent who pays a claim in contravention of Article 49(1) or makes a payment in contravention of Article 49(2) is guilty of an illegal practice. (2) Where the Court at the conclusion of the trial of a representation petition certifies that it has been proved to the Court by the candidate that any payment was made by an election agent without the sanction or connivance of the candidate, the election of the candidate shall not be void, nor shall he be subject to any incapacity under this Act by reason only of the payment having been made in contravention of Article 49. Subject to Article 56, if a candidate or election agent fails to comply with the requirements of Article 52 or Article 53, he is guilty of an illegal practice. If a candidate or election agent knowingly makes a declaration required by Article 53 falsely, he is guilty of a corrupt practice. Article 100, outlines the penalties for a corrupt practice as, 100. (1) Except as otherwise specifically provided, a person guilty of a corrupt practice other than personation is liable—(a) on summary conviction to a fine of fifteen thousand dollars and to imprisonment for six months; or (b) on conviction on indictment to a fine of thirty thousand dollars and to imprisonment for twelve months. (2) A person who commits the offence of personation or of aiding, abetting, counselling or procuring the commission of the offence of personation is liable on conviction on indictment to a fine of thirty thousand dollars and to imprisonment for five years. While Article 148 refers to the sanction restricting the offender from participating in elections and voting for a specified period, 148. (1) Subject to Article 149, if a candidate who has been elected or his election agent is guilty of any corrupt or illegal practice his election is void. (2) Subject to Article 150, but in addition to any punishment as provided by Article 69, 71, 100 or 101— (a) a person convicted of a corrupt practice is incapable during a period of seven years from the date of his conviction— (i) of being registered as an elector or voting at any election; and (ii) of being elected a member of the House of Representatives or a Municipal Council or the Tobago House of Assembly, or if elected before the conviction, of retaining his seatas such member; (b) a person convicted of an illegal practice is incapable during a period of five years from the date of his conviction— (i) of being registered as an elector or voting at any election; and (ii) of being elected a member of the House of Representatives or a Municipal Council or the Tobago House of Assembly, or if elected before the conviction, of retaining his seat as such member. The Elections and Boundaries Commission has the power to impose sanctions such as stated in Article 148 of ROPA, banning candidates from voting and being registered as an elector and from being a candidate in all elections for offenses such as corrupt practice and illegal practice. The EBC is also empowered to refer matters to the High Court for breaches in the legislation that warrant criminal proseuction. Masson and Narcis stated that no sanctions have ever been imposed related to election finance. Masson states that much needs to be changed in the legislation but until such changes are made the EBC continues to follow the existing rules with very little capacity to enforce them. Ragoonath also agrees that sanctions related to election finance have never been imposed. The EBC is unevenly focused on the management of elections rather than on acting as an oversight body for campaign finance. Consequently most of the resources of the EBC are focused on registering candidates, overseeing the entire election process and maintaining the integrity of elections. One of the major challenges to enforcement at the EBC is its capacity. Masson gives an example that there is no qualified accountant tasked with reviewing returns by candidates. Narcis goes further to explain that the primary function of the accounts department of the EBC relates to the payment of salaries and other expenses and not as an oversight department. Senator Helen Drayton: campaign financing legislation included proper accounting, a code of conduct for political parties and giving independent and fledgling parties a fairer chance at contesting elections. New laws should also define permissible and impermissible donors, she said. Based on international laws, impermissible donors include foreigners, foreign governments, state enterprises, contractors performing public service, banks, non-governmental organisations which receive government funding and trade unions. Most opinion leaders agree that political parties need to be defined in law and regulated. Ramcharan insists that there must be adequate training and competent staff to conduct investigations and monitor election finance. The above are the general recommendations which have been raised out the current reform of Trinidad and Tobago political finance system. Peer reviewer comment: Agree - One of the most important impediments against effective enforcement and the introduction of legislation for campaign financing perhaps is the lack of political will over time by each government from 1956 to 2014. It should be noted that although the issue of campaign financing was raised on numerous occassions it has never been presented as a Bill for consideration by either the House of Representatives or the Senate. The culture of the society is perhaps also important since little emphasis has been placed on the lack of proper accounting mechanisms whether by political parties or otherwise. The civil society has also not been agitating vociferously for campaign finance reforms. Legislation needs to be introduced to firstly, define what is a political party and include them under the ROPA 1967. Reviewer's sources: Professor Ann Marie Bissessar, Inaugural Lecture Regulation, the Regulatory State, Agency and Autonomy: The Case of Anti-Money Laundering Regulation in a Small State.” February 2011. Trinidad and Tobago is a twin-island Republic (republican status was attained in 1976). It operates under the Westminster/Whitehall model of government. It has a bi-cameral legislature comprised of two houses or chambers, namely the upper house which is called the Senate and the lower house, which is termed the House of Representatives. When the two houses meet they are called the Parliament. Unlike the Westminster model in the United Kingdom, in nearly all the Anglophone countries of the Caribbean, the modified Westminster model of Government has a written Constitution which is the supreme Law of the Land. The Head of State is the President who is nominated by the secret ballots of an electoral college comprising members from both the Senate ( the upper house) as well as members from the House of Representatives ( the lower house). While some suggest that the office of President is a 'titular position' the President has numerous powers including the power of'veto' for Acts of Parliament. In addition he is the Commander of the Armed Forces. The Head of Government is the Prime Minister. The Prime Minister is the leader of the party or coalition that controls the majority of members in the House of Representatives. The House of Representatives, curently comprised of forty one members of Parliament, is one in which members are elected on the basis of a First-Past-The-Post system of voting. Within the forty one constitutencies or districts within the country, any person who attains the majority of the votes cast will serve as a Member of the House of Representatives and also may be selected by the Prime Minister to serve as a Minister/Junior Minister/or Parliamentary Secretary. Senators, on the other hand are nominated. Sixteen members are selected by the Government, six by the Leader of the Opposition and nine 'independent' candidates are selected by the President of the country. While Bills are debated in the House of Representatives, they cannot become laws unless they are debated and agreed to in the Senate. If for some reason, the Senate is unable to agree to the proposal or if they suggest changes, this must be returned to the House of Representatives for amendments. If members of the Senate agree, the Bill is then sent to the President for his Assent. In the General Elections of 2010, the United National Congress which formed a coalition with a number of poltical parties, including the Congress of the People, the Movement for Social Justice and the National Joint Action Committee and the Tobago Organization of the People, won twenty nine seats and formed the Government. The Party is referred to as the People's Partnership. The Opposition Party, the People's National Movement, won twelve of the forty one seats. The current President is Anthony Carmona. What organization nominates the 9 independent senators out of the total 31 senators in the bi-cameral legislature?

question:Square ABCD has side lengths of 4. Segments CM and CN divide the square's area into three equal parts. Each triangle formed by these segments and square's sides shares one vertex C. How long is segment CM? text{(A)} frac{14sqrt{2}}{3} qquad text{(B)} frac{12sqrt{5}}{3} qquad text{(C)} frac{16sqrt{3}}{3} qquad text{(D)} frac{4sqrt{13}}{3} qquad text{(E)} frac{4sqrt{11}}{3}

question:What can you tell me about trust? How can a person establish trust and is there a difference between personal trust and professional trust?

question:Is it possible to repair broken trust? If so, what are some steps that can be taken towards mending it?