Photo: Senator Hon. Chris Coye
by Marco Lopez
BELMOPAN, Thurs. June 15, 2023
Today, the four social partner senators—Senator Janelle Chanona (NGO’s), Senator Elena Smith (labour unions), Senator Alvin Benguche (Churches) and Senator Kevin Herrera (business community)—signed a motion to launch a Senate Special Select Committee, marking a significant step in investigating the Definitive Agreement signed between Portico Enterprise Ltd. and the Government of Belize. The six-member committee’s scope of duties would encompass scrutinizing all dealings tied to the agreement, as well as examining its presentation to the Cabinet in May of this year. The investigation aims to shed light on any relevant communication among the key players regarding the document, to assess compliance with statutory procedures and policies, and to ensure transparency and accountability.
Among the Terms of Reference listed in the Motion are an investigation to “determine what advice, policy or basis the Cabinet relied upon to establish validity” of the Definitive Agreement” and an undertaking that would “require the production of such communication and documentation, papers and records as the Committee shall deem relevant to the enquiry”. In addition, the attendance will be required before the Committee of “former Ministers of Government, current Ministers of Government, signatories of the agreement and/or those who may have information, by virtue of his office, which may be relevant to the inquiry” as well as those “heads of department, regulatory committees and/or those who may have information by virtue of his office or responsible for and involved with the issuance of … clearance permits et al.”
This is the latest in a string of investigations into Portico’s Definitive Agreement. This Senate inquiry could, however, stop in its tracks the work of Minister Hon. Chris Coye and Minister Hon. Anthony Mahler, who were directed by the Prime Minister, Hon. John Briceno to “come up with a new agreement.”
It was not until the objection from Cabinet members, by all accounts captained by Minister Mahler, that the true extent of the excessive exemptions and concessions contained in the document were brought to light. How a document so vilified could have even made it to Cabinet is a question that has been dodged by the PM and his Minister of State.
The proposed legislation to pass the Definitive Agreement into law was presented by the PM’s ministry.
By delving into the chronological context and legality of the agreement, the investigation seeks to ascertain whether the proper statutory procedures and policies were followed; these inquiries are to be held publicly.
Once the Senate approves the formation of the Special Select Committee, an order of the Senate will specify the terms of reference and composition of the committee. shed light on the decision-making processes surrounding its signing.
This afternoon, Senator Janelle Chanona, one of the signatories of the motion, noted the significance of this endeavor, stating, “The Social Partners met exclusively as independent Senators and jointly formulated a motion to move at the next meeting of the Senate. This afternoon we simultaneously shared with both sides of the political aisle and have asked for their support on the proposed motion.”
The other senators who signed include Senator Elena Smith, Senator Kevin Herrera, and Senator Alvin Benguche.
While this inquiry into the Definitive Agreement seems like the best course of action, it is not expected to sail through without some headwinds. Lead Opposition Senator and stalwart voice in the Senate, Hon. Michael Peyrefitte’s name has been linked directly to the creation of the Definitive Agreement by David Gegg himself, the principal local proponent of Port of Magical Belize. While Peyrefitte denies it, Gegg has stated on multiple occasions that he was instrumental, as a partner in the firm Morales Peyrefitte LLP, in the work surrounding the Definitive Agreement.
On the flip side, Senator Chris Coye and the lead Government Senator, Hon. Eamon Courtenay, are both known as two of the main advisors to the Prime Minister. As mentioned, Coye serves as the Minister of State in the Ministry of Finance, Economic Development & Investment. They oversaw the formulation of legislation and the presentation of this now controversial Definitive Agreement to Cabinet.
There is no indication at this time if the social partner senators have gotten the approval of either the opposition or the government side of the aisle. We note that this Special Senate inquiry if conducted will run in tandem with investigations by the Ombudsman’s office if those requests are acted upon.
The committee will prepare a report detailing the results of its inquiries, including comments and recommendations deemed appropriate. This report will be presented to the Senate and made available as a public document.
All committee members will have equal opportunity to question witnesses during the hearings. Witnesses, in turn, will be given the opportunity to review their evidence and the findings of the report. If they identify any inaccuracies, they will have 14 days to make suggestions.
As mentioned, the committee will consist of 6 members. One will be appointed by the PM, another by the Leader of the Opposition. The four others will be chosen on the advice of the communities which the four social partner senators represent.