TT Transparency Institute Address to ACSAC Architects Regarding the Commission of Enquiry

ACSAC Address

In an address to the Association of Commonwealth Societies of Architects in the Caribbean (ACSAC) on 9 October 2009 at Hotel Normandie, Port of Spain, Trinidad, the Trinidad and Tobago Transparency Institute (TTTI) addressed transparency and accountability in the Trinidad & Tobago construction industry amidst rising tensions and concerns regarding the ongoing Commission of Enquiry into the Construction Industry.

The TTTI used the terms of reference of the Commission of Enquiry mandating the Commissioners to make recommendations to ensure that there be free and fair competition and full participation and access for all citizens in the public procurement process: Term 2 (iii); and, Integrity and transparency in the public procurement practice: Term 2 (iv). The Institute expressed that the ‘playing field’ for architects in T&T had been far from level in recent years and that this has appeared to have taken away much of the joy and satisfaction of working in the construction sector.

Further, the TTIA stated that the situation had also diverted the energy of participants from concentrating on delivering creative designs and projects that are completed within time and budget to wasting valuable time in worrying about bias and nepotism in the award of contracts, what deals are being struck behind closed doors, and in fighting for their collections of payments for services rendered when others appear to be receiving favoured treatment. More alarming, the government appears to be waging a battle against local consultants, including architects, and contractors while it promotes foreign firms and claims to be ‘bringing the construction sector into the twenty-first century’ without meaningful consultation with all stakeholders.

All of this seems to the TTTI to have changed how persons feel about working in the construction sector and might even be inhibiting young people from entering it. It referred to the rumors abounding in the industry that working on government of Trinidad and Tobago (GOTT) projects has now led to constant battle and the need to seek legal advice on routine matters with an ever present concern in protecting one’s back.

The TTTI also made reference to three submissions to the Commission of Enquiry. Firstly, the Institute underscored the need for procurement reform to ensure that public money was spent with transparency and accountability and that value was obtained. It recommended the early implementation of the White Paper on the Reform of the Public Sector Procurement Regime and it explained to the Commissioners the importance of transparency in procurement and how and where corruption occurs in the procurement process. It also made recommendations on anti-corruption strategies and tools that could be introduced into the local construction sector to promote transparency and accountability and thereby reduce corruption.

The TTTI also stressed to the Commissioners the importance of information disclosure and it requested a ‘Right to Know’ policy regarding public sector projects – whether they are wholly or partly publicly-owned, publicly financed or publicly guaranteed.

In making an indirect (no-name) reference to one of GOTT’s agencies having hidden information from the commissioners with the explanation that this move was to protect commercial confidentiality, the TTTI felt that the reasons given for confidentiality ought to be carefully examined because they may not always be valid.  It said that claims of necessary commercial confidentiality may (consciously or unconsciously) be a guise for concealing corrupt dealings. In any case, it felt that even if concerns about commercial confidentiality may be genuine, it was very important that they did not override the public’s right to know.

In closing, the TTI recommended three tools of strategy to the Commission of Enquiry – Transparency International’s Integrity Pact, the Global Infrastructure Anti-Corruption Centre’s Project Anti- Corruption System (PACS) and the UK Anti-Corruption Forum (ACF). Also of particular interest are the papers – ‘Transparency in Public Sector Construction Projects’ and ‘Preventing Corruption – Guidance for Professional Bodies‘.

The TTTI concluded that, given the fact that the ethics of the architectural profession are enshrined in the Act governing the practice of Architecture, architects are well placed by that mandate and their training to be bulwarks against corruption in construction procurement. Proper training is essential because trained personnel are the best ‘tools’ to promote transparency and thereby reduce corruption in the construction sector. The training enables them to be alert to the dangers of corruption and to identify warning signs at an early stage. Therefore, in addition to architects, all project staff with responsibility for or involvement in project identification and design brief development, tendering, project management, claims evaluation, certification and/or payment should be trained to identify corruption and to be aware of the risks of corruption. Not only are these key persons a vital line of defense against corruption, they are themselves exposed and vulnerable to corrupt acts and should become adept at recognizing the danger signals so as to avoid entrapment and having to defend their reputations.

TTTI has offered some of the answers to the problems described and is willing to work with those interested in promoting transparency and accountability in the construction sector. It urged the architects, construction industry professionals and others to get involved with the work of the TTTI by either making a donation or becoming a member. Individual and corporate membership options are available.

Contact the TTTI
TTTI E-mail: admin@transparency.or.tt

TTTI website: www.transparency.org.tt

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ACSAC Address

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