SXMElections.com

PHILIPSBURG--The Marcel Gumbs Cabinet has submitted its request to Parliament for a meeting to discuss the protocol on the establishment of the integrity chamber for the country signed by Justice Minister Dennis Richardson with Dutch Home Affairs Minister Ronald Plasterk two weeks ago in The Hague. No date has yet been set by Parliament for the meeting.

Prime Minister Marcel Gumbs and Richardson met with the press in A.C. Wathey Legislative Hall on Sunday afternoon to address what they termed miscommunication or misunderstanding by some Members of Parliament about the protocol.

The draft changes to the National Ordinance on the establishment of the integrity chamber have been approved by the Council of Ministers and sent on to Parliament for its review. Gumbs said the ministers collectively approved the changes a week ago.

Gumbs pointed out that Richardson signed the protocol with the firm backing and support of the Council of Ministers. If any motion of no confidence in Richardson is tabled and passed by MPs who are not happy about Richardson signing the protocol, Gumbs said it will be a vote of no confidence in the entire cabinet. "We all agreed with the protocol."

Richardson pointed out that the MPs were well aware that government was still in negotiation with the Dutch Government to come to an agreement on the establishment of the chamber and to the general kingdom measure that would have been detrimental to St. Maarten at the time.

"St. Maarten has not been committed to Dutch solutions ... In fact, the Dutch have committed themselves to St. Maarten's government proposals to Parliament," said Richardson. The proposals also outlined the way government wanted to see the implementation of the offer from the Netherlands to help strengthen the justice chain.

The Dutch plan to appoint all members of the integrity chamber is off the books and the Dutch intention to send their civil servants and National Security Services officers as support staff for the integrity chamber is not possible anymore.

Richardson explained that the Dutch intention to give the integrity chamber "vast discretionary powers has been curtailed." The chamber has to work according to the format St. Maarten law.

"The intention to allow the integrity chamber to operate completely unhindered in the interest of so called "efficiency and effectiveness thereby skirting the rule of law is not possible anymore," said Richardson.

The Dutch intention to eliminate any form of protection for persons who might be subjected to an investigation has also been rejected under the protocol.

The proposal to bypass the governor and St. Maarten's established screening agencies (Prosecutor's Office and National Security Service) with the screening of ministers, directors of government-owned companies and civil servants and have that done by the integrity chamber has been eliminated by the protocol.

"By the way, it is a crazy thought to have the ones advising you to be also at the same time the ones who will screen you to see if you can hold a function," said Richardson.

The general kingdom measure of higher supervision on integrity matters is now off the table thanks to the signed protocol.

In the area of justice, the intention to make the Kingdom Cooperation Team RST and Royal Dutch Marechaussee's "super independent investigative agencies" is no longer an option.

The Dutch intention to expand their tasks to all areas of police work has been "thwarted," said Richardson.

The intention of the Dutch to increase control of the Attorney General on Curaçao over investigations has been limited under the protocol to the possibilities present legislation allow.

The intention to strengthen only the office of the Attorney-General in Curaçao and increase direction of the Prosecutor's Office from there "has been blunted: due to the obligation to consult more intensively with the local offices."

Strengthening of the justice chain includes helping St. Maarten's law enforcement agencies to obtain the support and training that have been limited due to budgetary constraints of St. Maarten.

The pressure on the St. Maarten's budget for law enforcement and integrity chamber will be shared with the Dutch Government.