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ALP Adamant on Thomas Ineligibility

Details
Politics
Saturday, 04 August 2012 02:30
By press release
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ALP Adamant on Thomas Ineligibility Antigua St. John’s – Molwyn Joseph, Opposition MP for St. Mary’s North, has stated his objection to the United Progressive Party’s choice of Alister Thomas for Information Commissioner.

His main contention is that Thomas’ appointment would be a breach the Freedom of Information Act, passed by the UPP in 2004, which disqualifies anyone who is a member of a political party or is a political activist from holding the position.
 


However, on July 30, Parliament confirmed Thomas as the new Information Commissioner for a period of three years, effective August 15, 2012.
 
It must be noted that one of Joseph’s opposition colleagues – St Peter’s MP  Asot Michael – disagreed with Joseph during the parliamentary session by stating that he welcomed the appointment, and expressed hope that Thomas would be effective in the post, despite what Michael viewed as his clear ineligibility.

Opposition MP for St John’s Rural West Gaston Browne also acknowledged that Thomas had the “intellectual capacity” to hold the post and pointed out that while the rules governing the office speak to present-day political activists, it does not speak to those of the past and therefore does not affect the proposed appointment.
 
It is against this backdrop that the opposition Antigua Labour Party on Friday released a statement that suggests the party on a whole has taken the position that Thomas’ appointment is clearly in contravention of the Freedom of Information Act of 2004.
 
The statement is reproduced in its entirety:
 
“The Antigua and Barbuda Labour Party (ALP) has had an opportunity to listen to portions of an interview of the new Information Commissioner Alister Thomas, conducted on a local radio station, yesterday August 2, 2012. The ALP is of the view that Thomas has not persuaded the listeners that he is no longer a political activist; neither did he give assurances of his intent to fulfill his duties as Information Commissioner without fear or favour.
 
“The people of Antigua and Barbuda remain committed to the rule of law and, in this case, to the requirements of the Freedom of Information Act when appointing an Information Commissioner. The law, passed by the United Progressive Party (UPP) regime, in November 2004, declares that anyone who “is a member of a political party or who is a political activist” is ineligible to be named the Information Commissioner.

The people of Antigua and Barbuda want to have a professional who can be trusted to perform his/her duties, Mr. Spencer told everyone in 2004. He named a retired school teacher to the post back in 2006.
 
“The ALP remains suspicious of the motives of Mr. Spencer in nominating the new Information Commissioner, a week ago, and equally doubtful of the possible effectiveness of the new Commissioner to carry out his functions in an impartial manner.
 
“The ALP remembers that political activist Mr. Bruce Goodwin was named to the Electoral Commission by the then Opposition Leader Mr. Baldwin Spencer, in 2001; and that, Mr. Spencer vigorously defended Commissioner Bruce Goodwin’s political activism in 2003, against claims of his unworthiness as an Electoral Commissioner.

After Mr. Spencer became Prime Minister, he subsequently established an Investigative Tribunal to enquire into and to punish a political activist appointed by the Opposition Leader to the same Electoral Commission, in 2010. The glaring hypocrisy of Mr. Spencer, both in words and actions, in removing the Opposition Leader’s choice from the Electoral Commission, leaves the ALP in doubt of his motive and his truthfulness in appointing Mr. Alister Thomas at this time.
 


“The Legislation is clear: No political activist is to be appointed to the post of Information Commissioner. Either Mr. Spencer intends to obey the law or he does not. If Mr. Alister Thomas is a political activist or a member of a political party then he cannot be Information Commissioner. The ALP remains convinced that Mr. Alister Thomas is excluded by the requirements of the law, and that Mr. Spencer’s action is cynical and contravenes the law which he passed.

The ALP intends to test the worthiness of this Information Commissioner since his appointment has been confirmed by a resolution of Parliament.”

Tags:
ALP Asot Michael Gaston Browne Lester Bird Molwyn Joseph PM Baldwin Spencer Alister Thomas Bruce-Goodwin Freedom of Information Information Commissioner Parliament
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23 Comments In This Article   

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RE: ALP Adamant on Thomas Ineligibility

#23 Anonymous » 2012-08-06 15:26

How many more press releases to follow on this issue. The ALP is discombobulated . Cant even decide on a position before and then the cannibalise each other publicly. Leaderless party.
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Anonymous

ALP Adamant On Thomas Ineligibility

#22 Anu » 2012-08-05 23:48

If Govt pass legislations in parliament into law, the onus is on govt to lead by example. There's too much compromise taking place to employ Alister Thomas. Pure nonsense. Alister is a known political activist. The question i must ask; does political activism have an expiration date or assigned to a contract with a deadline to terminate? All along i thought Alister was a Martyr. Alister should have never accept this job if he's serious about his belief. This saga clearly demonstrate that everybody have their pri$e. Apart from the breach of laws put in the act to hire Thomas, my bone of contention is the allegation that speaks about Alister subletting a space he rented in Piggots Mall, to UPP govt. If this is true, wouldn't this be considered a conflict of interest? How can Alister act impartial in his appointment when obtaining financial gain from the same govt? This is the same govt that choose not to be transparent with the people of Antigua & Barbuda. His appointment is too close to comfort and in good conscience should rescind his position to avoid any form of compromisation.
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Anu

RE: ALP Adamant on Thomas Ineligibility

#21 TC » 2012-08-05 15:14

@slythatguy.... The prosecution may not have proven its case" but it is still up to Alister to clear his name, if he has nothing to hide. You can't ask someone to "put up or shut up" if you are not doing the same. Don't get me wrong, I am in support of Alister, but there is still a cloud hanging over his appointment. TRANSPARENCY... .if he doesn't fix this, then he would have failed his first test.
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TC

@TC

#20 SlyThatGuy » 2012-08-05 14:27

TC, Does the term"the prosecutor did not prove its case" sounds familiar to you? If yes,then you know that when this happens the judge lets off the accused. So since the ALP is the prosecutor,the one making the case that MR.Thomas is not qualify for the job,then it's their duty to prove their case,don't you get it? The ALP must put up or shut up.
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SlyThatGuy

RE: ALP Adamant on Thomas Ineligibility

#19 TC » 2012-08-05 11:23

My take on this issue...It really doesn't matter who the PM select, the ALP and their followers would object. It is amazing to see some people who supported Alister are now casting shadows without evidence.

ALP and their supporters has already cast doubt on Alisters appointment, the doubt is already out there. So it doesn't matter how much evidence they put forward, it is on Alister to prove them wrong and clear this up.
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TC

Molwayn vindicated

#18 Observer » 2012-08-05 10:53

This article vindicates Molwyn and put to shame those party members inclusive of the leader. Gentlemen in my opinion you make a terrible opposition for whatever your reasons are you don not seem to be really interested to get the UPP out of power. Cause these are all self inflicted wounds. The UPP is at its weakest point in their entire rulling period, but somehow the ALP cannot seem to put the UPP out of its missery.
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Observer

@ tenman

#17 SlyThatGuy » 2012-08-05 09:56

Tenman,I respect your and everyone else's opinion,but I have to disagree with you on this issue. Your definition of transparency,it seems,is different from mine and others. You're giving the impression that because things were promised to be done in the spirit of transparency,th e opposition(the ALP) can knowingly make false claims but the burden of proof is on the government. Got your attention yet,tenman? Their assertion that the Prime Minister breached the law is intentionally untrue ; some of us are intelligent enough to recognize it. If they honestly had doubts about Mr.Thomas's qualification,t hey could have investigated and get the facts,right?
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SlyThatGuy

The Gloden Fleece - The Antiguan Bobby's Odysey!

#16 John French II » 2012-08-04 22:54

Notes From A Native Son of The Rock. Dr. Paget Henry, philospher, professor at Ivy League Brown University and patron of the Hon. Dr. PM, defines Quote:
"Ethical Badmindedness" in which people are seen as acting out of bad motives rather than good ones: "acting out of spite, out of hate, acting wih the intention to deceive, to dominate the other or to advance oneself at the expense of another."
CA's Shaked, notes: Quote:
In Antigua & Barbuda, there exists a political, economic, social and government elite, wherein all the persons are closely tied to one another. The significance of this is that every person at the top is the friend or partner of other top persons who have shared political and economic interests.
The Gang of Four comprehend that. Quote:
Since many corrupt acts take place in A&B... we must fight for improved Public Norms and the reduction of situations where public employees are at a Conflict of Interest.-Shaked
Finally, Read Rawlston Pompey's The Impact of Executive Decisions http://www.caribarena.com/antigua/opinions/opinion-pieces/rawlston-pompey/10043-the-impact-of-executive-decisions-part-iii.html
Have Mercy!
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John French II

SlyThatGuy

#15 tenman » 2012-08-04 21:13

SlyThatGuy, and also remember that its parliament who acts as his interviewer since according to law its their job to appoint him

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tenman

SlyThatGuy

#14 tenman » 2012-08-04 21:11

SlyThatGuy, my opinion is that its up to Mr. Thomas to provide proof. The job calls for transparency hence its criteria's desire that the person be independent. Though I disagree with the notion that a political activist cannot be independent, Mr. Thomas should provide evidence that he has ended his membership in all political parties. I see this as someone interviewing for a job, they have to provide proof of things like their academic and job experience. Why is it wrong to have Mr. Thomas prove he is no longer a member of NMC and does not currently serve as a public offcial (his chairmanship of the education review tribunal see http://www.caribarena.com/antigua/education/99083-education-appeal-tribunal-appointed.html)?

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tenman

@ Concern Antiguan

#13 SlyThatGuy » 2012-08-04 20:21

Concern Antiguan, If you raised an argument,especi ally one as important as the one in this case,wouldn't it be to your advantage if you can prove you're telling the truth? I mean, people with intelligence would respect your reasoning if you have the evidence to support what you're saying, but Mr.Joseph and the Antigua labor Party can neither confirm nor disprove that Mr.Thomas was a political activist at the time he was named information commissioner. So the only reason they are doing this is to throw enough untrue story about the Prime minister out there and hope that some of them would stick.They are hungry for power so anything is everything.
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SlyThatGuy

RE: ALP Adamant on Thomas Ineligibility

#12 UNITED STATES » 2012-08-04 19:25

Tenman,you have to forgive me with the new politics in Antigua.When I lived in Antigua,there was one party.Everyone was a member of that party.Antigua did not have a constitution.Th e late VC Bird was the premier of Antigua.I do not understand Antigua politics.I come down every year but I do not dabble in your politics.I go to beach every day and drink english harbor rum and coke,eat seasoned rice and enyoy myself.Then I come back here and face reality.Antigua to me is the best place in all of the caribbean.You the people who are living there do not seem to realize it.Too much politics and divisiveness,yo u the citizens deserve better from your so called leaders.Governm ent and opposition alike.
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UNITED STATES

look to the intent of the legislature

#11 fnpsr » 2012-08-04 18:06

Score another one for the politicians. In the matter at hand, we have to look at the legislative intent. In a small island like Antigua, surely the legislature could not intend that you could not have political preference. But as usual, the politicians write the law g in vague manner to give themselves cover, as here. I am sure that the intent of the law is that one cannot be a political hack as demonstrated by one's political views as on radio, tv, newspaper articles and the like where the ordinary person would know that one is a political hack.
The same political trickery is enshrined in the Integrity Act, where "cash in a bank" doesn't include "foreign banks".
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fnpsr

Brer Anansi Alister

#10 Jumbee Picknee » 2012-08-04 15:45

...30 sec to commercial break - camera 1...25 sec to UPP infomercial - que/roll hologram...1 min to Lord Molwyn's appeal - que/roll video/audio...2 min to station break...PLEASE TUNE IN NEXT WEEK, SAME TIME, SAME PLACE, FOR ANOTHER EPISODE IN THE SAGA of "THE TALE OF BRER ANANSI ALISTER"...
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Jumbee Picknee

RE: ALP Adamant on Thomas Ineligibility

#9 Concern Antiguan » 2012-08-04 13:47

Some people should learn when to keep quiet. In this instance, Mr. Thomas should keep his mouth shut. Here is a man getting a position that he does not deserve, and yet still he is trying to justify his appointment. Question is whether Mr. Thomas is still a register member of his political party? This information should be easy to ascertain. Molwyn is right to challenge his appointment. Again, what is his qualification for the position?
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Concern Antiguan

Jackie Spense-perhaps a man for all seasons

#8 tenman » 2012-08-04 12:07

Jackie Spense, its funny, I read this press release and could not help but thinking of it coming right out of the mouth of Max Hurst. Its just interesting how certain phrases become part of our identity. Max knows that all political parties will seek to have an advantage. Since he used the example of the EC, if the ALP wanted it to be divorced from politics, why did they empower themselves (government) with the ability to pick not only the chairman but the majority of members? MP Spencer clearly thinks that Alister Thomas will have his back. Time may prove this to be a Gerald Watt repeat.
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tenman

RE: ALP Adamant on Thomas Ineligibility

#7 Ian Best » 2012-08-04 11:58

Is this, Lord Molwyn of Jennings trying get attention again. He is one angry and envious old man. At 65, Molwyn should be a little more circumspect. The act says that if you are an activist you cant serve. Present not past. Molwyn and the ALP need to spare us all the press releases and go to court if they are sure that Alister's appointment was illegal. Give me an aspirin Molwyn.
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Ian Best

UNITED STATES

#6 tenman » 2012-08-04 11:54

UNITED STATES, you are stretching it. I could not think that because I voted for a political party's candidate, this means I am a member of that party. Membership normally means you are on their role and can vote for their leadership.

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tenman

RE: ALP Adamant on Thomas Ineligibility

#5 UNITED STATES » 2012-08-04 10:43

If one cannot be a member of a political party to be appointed for this position.Theref ore,no one of voting age should hold this position.All voting people are members of a party,unless you are an independent.Ple ase describe to me your meaning of "MEMBER OF A POLITICAL PARTY."Would that be a paying member.Iam a voting Democrat,does that mean that I am a member of the Democratic Party.Just putting this out as ffod for thought.
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UNITED STATES

RE: ALP Adamant on Thomas Ineligibility

#4 SlyThatGuy » 2012-08-04 09:09

Gaston Browne's view on this issue is analogous to mine. The Act indeed points to the present situation,not the things of the past. Thus, if Mr.Joseph,Mr.Mi chel or any other member of the Antigua Labor Party (ALP)has the facts to confirm their claim,they should just lay them out - and stop leading people to believe that the Prime Minister violated the law by naming Mr.Thomas as information commissioner.
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SlyThatGuy

@ Comrades

#3 Hearse First » 2012-08-04 07:11

This was not written by your political Leader! Rest assured he is too knowledgeable to put out a statement to vent someone else's anger at being removed by the UPP!

It is not you Leader's fault...he doesn't read everything that is put out in his name. In addition, Maulwyn had to be propped up. He says it was too embar**ing for him in Parliament!

Maybe Lester could come on Voice of the People (even if it's from his home like "Insight") and answer some real questions. What drivel...
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Hearse First

@ ALP

#2 Jackie Spense » 2012-08-04 07:03

Everyone knows that Lester Bird doesn't write anything himself. In this case it points to the anger of the pen of Comrade Hurst.

The statement says in the penultimate paragraph: "The ALP remains convinced that Mr. Alister Thomas is excluded by the requirements of the law, and that Mr. Spencer’s action is cynical and contravenes the law which he passed." then in the very next and last paragraph the good Comrade states: "The ALP intends to test the worthiness of this Information Commissioner since his appointment has been confirmed by a resolution of Parliament.”

I would want to suggest to Lester Bird who says his head is good, that this is contradictory and even though he didn't write it he may now be unable to read and understand statements to which he signs his name!

To me the longer Lester is propped up is the more he'll destroy his legacy!
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Jackie Spense

ONCE AN ACTIVIST ALLWAYS AN ACTIVIST (POLITICAL)

#1 PEACE » 2012-08-04 06:55

Untill the ALP 7 MP"S,get together before going to Parliament,with meaningful discussions,THE M and THEM members will not be in this EMBA**ING SITUATION.
The ones who are confusing their members,know what they are doing,it is not being done by charnce.

GALE CHRISTIAN AS THE NEXT ALP POLITICAL LEADER.
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PEACE

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