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T&T Civil Aviation Authority Bill

Tuesday, May 02, 2000

Sen. Mark: Mr. Chairman, I am just looking at the Water and Sewerage Authority Act under section 10, and there is a similar provision. If I may, I would just read a section for your edification here.

“In the exercise and performance of its functions, powers and duties under this or any other written law the Authority shall act in accordance with any special or general directions of the Government, given to it by the Minister; but subject to this section, the Authority shall, when exercising and performing its functions, powers and duties, be subject to the control or direction of no other person or authority.”

The point is that in all statutory legislation there are specific or general; there are special or general. There is nothing inconsistent. What strengthens this legislation, as Sen. McKenzie said, is that section 11 (2), must be done in writing, and section 11(1) is “not inconsistent with the provisions”. This is democratic. I do not see anything—

Sen. John: Mr. Chairman, with respect to the Water and Sewerage Authority Act, a number of these statutory Boards have the same provision. So what we are hearing today—when that party, in Government, enacts legislation, it is good; but if the attempt is made by this Government to do it, they object.

Prof. Spence: Mr. Chairman, not on this point, but I have a problem with the wording. I cannot understand what “such” is doing there. It does not make sense to me from a point of view of English. That may be a legal phrase, but English, it does not make sense.

Sen. Mark: Do you want to say, “any”?

Prof. Spence: Yes, and leave out the word “such.”

Sen. Mark: Okay. “The Minister shall give the authority ‘any’ specific or general directions.” No problem.

Prof. Spence: Mr. Chairman, I also agree with changing “shall” to “may” by the way.

Hon. S. Baksh: Mr. President, I would have to reconsider that because “such” refers to those matters that are not inconsistent with the provisions of this Act.

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