Photo: Sitting of the Senate July 10, 2023

Senate passes motion to create Special Select Committee to investigate Portico’s “Definative” Agreement

by Marco Lopez

BELMOPAN, Mon. July 10, 2023

The motion to create a Special Senate Select Committee to investigate the highly controversial “Definative” Agreement signed between the Government of Belize and Portico Enterprise Limited was approved today. Senator Janelle Chanona, the representative for the NGO community, presented the motion, which seeks to probe all aspects of the so-called “Definative” Agreement and determine what advice, policy, or other basis was relied upon to create the Cabinet Confidential paper, recommendations, and draft legislation that was submitted to Cabinet.

The Special Select Committee will embark on a fact-finding mission to get to the bottom of the document signed by former UDP minister, Erwin Contreras, on behalf of the Government of Belize, and the principals of Portico Enterprise Limited, the would-be developers of the Port of Magical Belize cruise port project. Much has been said of the document, said to be riddled with illegalities, in the public. Of recent, a buried legal opinion procured by the Government of Belize from a top UK King’s Counsel, Ben Juratowitch, shows that the government was aware that the agreement was flawed – to say the least.

The government issued a press release last week containing another legal opinion, this time from attorney Douglas Mendez. In this opinion, Mendez suggested that Contreras did have the authority to sign the agreement on behalf of the government.

This is the latest in the cruise port war fiasco taking place in Belize and concerning specifically the Port of Magical Belize proposal. The so-called “Definative” Agreement in question is believed to have led to the signing of a partnership agreement with one of the largest cruise line companies in the world, Royal Caribbean. This Special Senate Select Committee will delve into all communication and documents tied to the agreement, examine those documents, and call any former or current minister, head of department or CEO, or any other person who may have information about the agreement.

The sittings of the Special Select Committee of the Portico Agreement will be held in public, and a report will be created after the fact-finding mission is complete. Initially, it had been proposed that the committee be made up of 6 senators – one chosen by the government, another by the opposition, and the other four from the social partner communities. In an amendment today following a committee of the whole Senate, the senators agreed to have two persons be chosen by the Prime Minister, to represent the government. Senator Eamon Courtenay in his presentation suggested that a balance would have required three PUP senators, but the bill was passed with the agreement of two persons being chosen by the PM. At the first meeting, the committee will choose a chairperson. Senator Kevin Herrera rose to second the motion. He was one of the Senators who signed on to the initial agreement to lodge the inquiry.

Lead Opposition Senator, Michael Peyrefitte also supported the motion and said that he would have liked for the private sector to lead the inquiry and not senators. He went at length to remind the listening public that the inquiry must cover not only the signing of the agreement but also what led to its presentation in Cabinet. He said that Contreras and the persons representing Portico should be called to the inquiry, and also representatives from the DOE to explain how the environmental clearance was approved.

He suggested the government should also answer why neither of the two legal opinions about the agreement was made public until now – and said the government seems to have been opinion shopping. He further stated that he expects an objective and professional process.

From the government side, Eamon Courtenay also rose in support of the motion, but as mentioned, he said that the proposed composition of the committee was not in compliance with the Senate Standing Order, because only one senator from the government side was designated. Aside from these issues, which seem to have been hashed out in committee, Courtenay also said that it was important to add that Prime Minister Hon. John Briceño has publicly stated that the government would not proceed with the initial agreement signed by Contreras.

Senators Herrera, Benguche, and Luke Martinez (who has now taken the place of Elena Smith as representative of the labor unions) all rose to support the motion. Eamon Courtenay was the only PUP senator to signal his support vocally, but said during his presentation that all the government senators support the motion.

A division of votes was prematurely called by Chanona, and when the question was put forward following a recess of the Senate, this was not done. The Senate, however, did approve the motion, which marks the official start of the inquiry into what many consider the most tainted incentive agreement signed recently in Belize.

Senator Chanona indicated to Amandala that the date of the first sitting has not been set yet.

Earlier in the Senate

Bills from the lower House were also passed in the Senate today. Legislation to continue to prepare to meet the Caribbean Financial Task Force requirements – the International Banking, Domestic Banks and Financial Institutions, Limited Liability Partner, and Trust Acts, were all amended. These were passed, along with the amendment to the criminal code which sees the removal of the deliberate transmission of HIV/AIDS as a criminal offense. The senators suggested that they instead decriminalize, and maintain provisions that pertain to sexual assault and rape. But this amendment was passed as is, despite what Senator Chanona describes as a culture of stigma that leads persons to shun any association with the virus – the means, treatment, or testing, or even getting free contraceptives like condoms from public places and NGOs.

The USD$15 million loan from the International Development Bank to roll out STEAM education across schools in Belize also came to the Senate and was approved. Senator Peyrefitte, in his comments on the loan, decried the borrowing, saying the funds could have been budgeted for by the government. But the PUP senators, Chris Coye and Courtenay, argued that this route was the more fiscally prudent course of action for the country to take. The country will have to pay back around BZD$800,000 for the next 39 years after the 5-year grace period expires. The loan also comes with a US$5 million grant.