The other hotly debated bill in today's Senate Meeting was the Briceno Administration's motion against the 25-year lease which the former Barrow Administration granted to the company, Recological Systems Limited.
That's the controversial agreement, signed shortly before the 2020 general election, which gives Recological permission to operate the Commerce Bight Port. Up until last Friday, they appeared to have the Government green light to rebuild and reopen this abandoned Dangriga facility. But, Prime Minister Briceno and his government thinks that this is a bad deal that didn't get the necessary parliamentary approval. They have pointed out that it was signed by a minister who didn't have permission, without prior parliamentary approval, and that the deal was finalized at a time when UDP should have been acting like a caretaker government. Last week, the Prime Minister called the lease approval "corrupt" during his remarks in the House, and with his government's majority, parliament voted to disapprove and cancel the lease.
Here's the Senate debate on that motion today:
Hon. Michael Peyrefitte - UDP Senator
"Under the constitution of this country, when the National Assembly is dissolved, the Constitution makes it very clear that the executive continues its business. So, even after you have a dissolution of parliament, the Prime Minister continues to be to Prime Minister, the Minister of Ports continues to be the minister, until there is an election, and there is a swearing-in of a new prime minister. So there is absolutely nothing wrong or strange with Minister Castro signing a port license for Recological. The business of the Government continues."
"The Commerce Bight Port and the opening of that port came to Cabinet. It was a 2-year discussion surrounding this matter, and it was part of, yes, a campaign promise to the people of Dangriga, that the Commerce Bight Port would be opened, yes."
"Quite frankly, I don't know why this matter is even before the National Assembly. It doesn't have to be. The Finance and Audit Act - I am prepared to be educated, Leader of Government Business. But from the Interpretation Act to the Finance and Audit, I cannot find - I willingly concede to you that if you could show me that clearly leasing land or a sublease to a statutory body to another person could be considered to be the disposal of that asset. It is hasn't been disposed of. Madam President, the land for which this proposed Port would sit has been leased by the Government of Belize to the Port Authority, since about 2002."
"When we left Cabinet, the land was still in the name of the Government of Belize, and it was only a lease to the Port Authority, who before just being the regulator of the Port, was also the Port operator before it became private. That's there was the authority given to the Port Authority to take measures to sublease, if necessary, that which it wanted to do."
"So, I don't see how this can even be a part of the National Assembly to approve or disapprove. If you don't like the lease or the license or whatever, well then just cancel it. Why do you need to come to the National Assembly to do this? It doesn't pass the threshold of the need to come under the Finance and Audit Act at all. So, I will say it has no standing to be here unless there is some need to publicly denounce this to protect Big Creek. I don't know what it is."
Hon. Eamon Courtenay - Leader of Government Business
"One of the things you learn - I think - in the first month or second month - and Senator Pitts will help me on this - land law is that a lease is called an estate in land. It creates an interest in land for - calm yourself down. Relax yourself."
Hon. Carolyn Trench-Sandiford - President, Senate
"I ask that we please-."
Hon. Eamon Courtenay
"Relax. Calm down. Take a little chill pill. Patience - it creates an interest in land. It creates exclusive possession to the tenants. It transfers an interest from the landowner for the period of the lease, exclusively to the tenant. Don't say yes, because that's disposal. I will tell you this, Madam President, I will tell you this - Be quiet, man."
Hon. Carolyn Trench-Sandiford
"Senators if we can please comply with Standing Order 40."
Hon. Eamon Courtenay
"I listened to you in blissful silence, behave yourself. I say this, and I am serious about this, Minister Castro, after the national assembly had been dissolved, entered into this lease 2 days before the General Election. Now listen carefully, there are absolutely zero metrics, zero standards, zero qualifications that have to be met. The man brings a rented forklift, well I provided forklift. He brings a broken-down crane and puts it there. I provided a crane. There is no obligation in this document for new equipment, for modern equipment."
Hon. Osmany Salas - NGO Senator
"I must start by saying that we are of the position that we cannot support the approval of the disposition of the Commerce Bight Port. I must say, though, that it seems to us that this matter might very well find itself in the court."
"We also recognize the importance of that port and the benefit that it can bring for the Dangriga and surrounding communities. So, we also would like to ask, what are government plans as far as the future of that port. What serious steps does the government intend to take to reactivate that facility, that has so much importance for the economic growth of that area? It does need major attention."
Hon. Elena Smith - Senator for Labour & Civil Society
"We are hoping that maybe the parties can come to the table and maybe can have some sort of discussion, negotiations on this matter, to try and resolve this matter as best as they can, so that we don't end up in the courts. But, if such is done, Madam President, it would ensure that those persons who are in the area who are very much looking forward to the level of employment that this project would have brought to that area, and that persons would be able to see that come to fruition."
Hon. Kevin Herrera - Business Senator
"A company contracts with the Government of Belize, whether it's 1 day, 2 days before the election, whether it's a year before the election, and signs an agreement with them. And let's assume that this agreement meets the threshold of disposal, and is brought to the National Assembly, it is the government's responsibility, not the investor, if that is a requirement to take it to the National Assembly. I as an investor sign that agreement, and I have no influence over that process from a government standpoint."
The Senate has also voted against the lease, which confirms its cancelation. Knowledgeable sources tell us that this means that the Government of Belize has repossessed the Port. As you heard, the Senators expressed their concern that this matter will end up in court, and in their press release earlier this week, Recological made it clear that they are seeking legal advice.
