Report of the Special Select Committee of the House of Representatives on
The Holy Name Convent Past Pupils’ Association (Incorporation) Bill, 2013
PARLIAMENT
REPUBLIC OF TRINIDAD AND TOBAGO
H.O.R PAPER NO. 16/ 2013
MP PARL: NO. 1/1/47
HOUSE OF REPRESENTATIVES
THIRD SESSION [2012/2013]
TENTH PARLIAMENT
REPORT
OF THE
SPECIAL SELECT COMMITTEE OF THE HOUSE OF
REPRESENTATIVES APPOINTED TO CONSIDER AND
REPORT ON A PRIVATE BILL ENTITLED “AN ACT FOR
THE INCORPORATION OF THE HOLY NAME
CONVENT PAST PUPILS’ ASSOCIATION AND
FOR MATTERS INCIDENTAL THERETO”
Ordered to be printed by the House of Representatives
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Report of the Special Select Committee of the House of Representatives on
The Holy Name Convent Past Pupils’ Association (Incorporation) Bill, 2013
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Report of the Special Select Committee of the House of Representatives on
The Holy Name Convent Past Pupils’ Association (Incorporation) Bill, 2013
Contents
1.
2.
Page
No.
INTRODUCTION...............................................................................................................................................1
1.1
Procedure ..................................................................................................................................................1
1.2
Appointment of Committee .................................................................................................................2
1.3
Terms of Reference ................................................................................................................................2
1.4
Secretarial Assistance ...........................................................................................................................2
1.5
Meeting ......................................................................................................................................................2
WORK OF THE COMMITTEE ......................................................................................................................3
2.1
EVIDENCE RECEIVED ...........................................................................................................................3
2.2
CLAUSE BY CLAUSE CONSIDERATION OF THE BILL ................................................................3
3.
THE REPORT .....................................................................................................................................................4
4.
RECOMMENDATIONS ...................................................................................................................................4
APPENDIX: MINUTES ..............................................................................................................................................8
DATE PRESENTED : July 03 2013
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Report of the Special Select Committee of the House of Representatives on
The Holy Name Convent Past Pupils’ Association (Incorporation) Bill, 2013
1. INTRODUCTION
1.1
Procedure
1.1.1 At a sitting of the House of Representatives held on Friday March 22, 2013, the
Member for Port of Spain North/St. Ann’s West, Mrs. Patricia McIntosh presented a
Petition on behalf of the organization known as the HOLY NAME CONVENT PAST
PUPILS’ ASSOCIATION (hereinafter referred to as “The Promoters”) of #2 Queen’s
Park East, P.O. Box 1595, Wrightson Road, Port of Spain seeking leave of the House for
the promoters to proceed with the introduction of a Private Bill for the incorporation of
their organisation.
1.1.2 Leave was granted and the Promoters lodged with the Clerk of the House the
under-mentioned documents within the three (3) month stipulated period thereby
satisfying the requirements of Standing Order 83(5)(a),(b) and (c) of the House of
Representatives:
(a)
two (2)copies of the Bill;
(b)
a certificate from the Comptroller of Accounts certifying that the sum of
one thousand three hundred dollars ($1,300) to cover the cost of
advertising, printing and miscellaneous charges, had been paid to the
Comptroller of Accounts; and
(c)
a bond duly executed and signed by Lisa Burkett, President and Sandra
Romany, Treasurer, obliging them to pay on demand to the Clerk any
excess of the deposited sum.
1.1.3 Notices were published in the Trinidad and Tobago Gazette and Trinidad
Guardian Newspaper on April 04, 11 and 18, 2013 informing the public of the intended
introduction of a Private Bill for the incorporation of the Holy Name Convent Past
Pupils’ Association.
1.1.4 No objections to the Bill were received.
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Report of the Special Select Committee of the House of Representatives on
The Holy Name Convent Past Pupils’ Association (Incorporation) Bill, 2013
1.1.5 As a consequence, a Bill entitled “The Holy Name Convent Past Pupils’
Association (Incorporation) Bill, 2013” was introduced and read a First time in the House
of Representatives on Friday May 17, 2013.
1.2
Appointment of Committee
1.2.1 At a sitting of the House of Representatives held on Monday June 17, 2013, the
aforementioned Bill was read a Second time and in accordance with the provisions of
Standing Order 83(8), the Speaker of the House, appointed a Special Select Committee
comprising of the following Members:
1.3
Ms. Nela Khan, MP
-
Chairman
Ms. Ramona Ramdial, MP
-
Member
Mr. Jairam Seemungal, MP
-
Member
Mrs. Patricia Mc Intosh, MP
-
Member
Mr. Fitzgerald Jeffrey , MP
-
Member
Terms of Reference
1.3.1 The terms of reference of the Committee were:
“to consider and report on a Private Bill entitled “An Act for the
Incorporation of the Holy Name Convent Past Pupils’ Association and for
matters incidental thereto.”
1.4
Secretarial Assistance
Mrs. Jacqueline Phillip Stoute, Procedural Clerk and Ms. Sheranne Samuel served as
Secretary and Assistant Secretary respectively, to the Committee.
1.5
Meeting
The Committee held one (1) meeting on Friday June 28, 2013. The Minutes of this
meeting are attached.
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Report of the Special Select Committee of the House of Representatives on
The Holy Name Convent Past Pupils’ Association (Incorporation) Bill, 2013
2. WORK OF THE COMMITTEE
2.1
EVIDENCE RECEIVED
2.1.1
At the meeting held on Friday June 28, 2013, the Committee examined the
following witnesses (The Promoters):
Ms. Lisa Burkett
-
President
Ms. Sandra Romany
-
Treasurer
2.1.2 In addition to taking oral evidence from the Promoters, the Committee received
and examined the following background documents submitted by the Promoters:
(i)
The Constitution of the Holy Name Convent Past Pupils’ Association;
(HNC PPA)
(ii)
The Membership Registration Form;
(iii)
The Scholarship Fund Application Form;
(iv)
Audited Financial Statements for the years ended 31st March 2008, 2009,
2010 and 2011;
(v)
Minutes of the Annual General Meetings of the Association for the years
2008, 2009, 2010 and 2011.
2.2
CLAUSE BY CLAUSE CONSIDERATION OF THE BILL
2.2.1 The Committee undertook a clause by clause analysis of the Bill and noted
matters within clauses that require further consideration.
2.2.2 The Committee subsequently considered a list of amendments which was
submitted by the Chief Parliamentary Counsel (CPC) on the Bill and endorsed all of the
recommendations suggested by CPC.
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Report of the Special Select Committee of the House of Representatives on
The Holy Name Convent Past Pupils’ Association (Incorporation) Bill, 2013
3. THE REPORT
3.1
Based on the oral and written submissions the Committee highlighted the
following preliminary issues/concerns in relation to the Bill:
(i)
Whether Clause 5 regarding the transfer and vesting of property, made
sufficient provision for a Trust Deed that is currently held by the
Association;
(ii)
The non-adherence to the stipulations of the Association’s Constitution
regarding the holding of annual elections;
(iii)
The requirement of the Association to conduct a name search via the
Registrar General’s Department, Ministry of Legal Affairs, to ensure that
the name of the association is uniquely held by the promoters of the Bill.
3.2
Despite the work accomplished thus far, the Committee is of the view that it will
be unable to complete its deliberations before the end of the current session.
4. RECOMMENDATIONS
4.1
Given the foregoing, the Committee recommends that this Bill be re-introduced in
the upcoming session and be referred to a new Committee which should be mandated to
continue consideration of this matter. The Committee further recommends that this
House authorize the new Committee to adopt as part of its records, the work undertaken
by the Committee to date.
Respectfully submitted,
Sgd
Ms. Nela Khan, MP
Chairman
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Report of the Special Select Committee of the House of Representatives on
The Holy Name Convent Past Pupils’ Association (Incorporation) Bill, 2013
Sgd
Ms. Ramona Ramdial, MP
Member
Sgd
Ms. Patricia McIntosh, MP
Member
Sgd
Mr. Jairam Seemungal, MP
Member
Sgd
Mr. Fitzgerald Jeffery, MP
Member
July 03, 2013
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Report of the Special Select Committee of the House of Representatives on
The Holy Name Convent Past Pupils’ Association (Incorporation) Bill, 2013
APPENDIX
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Report of the Special Select Committee of the House of Representatives on
The Holy Name Convent Past Pupils’ Association (Incorporation) Bill, 2013
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Report of the Special Select Committee of the House of Representatives on
The Holy Name Convent Past Pupils’ Association (Incorporation) Bill, 2013
MINUTES
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Report of the Special Select Committee of the House of Representatives on
The Holy Name Convent Past Pupils’ Association (Incorporation) Bill, 2013
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Report of the Special Select Committee of the House of Representatives on
The Holy Name Convent Past Pupils’ Association (Incorporation) Bill, 2013
MINUTES OF THE FIRST MEETING OF THE SPECIAL SELECT COMMITTEE OF THE
HOUSE OF REPRESENTATIVES APPOINTED TO CONSIDER AND REPORT ON A BILL
ENTITLED “AN ACT FOR THE INCORPORATION OF THE HOLY NAME CONVENT PAST
PUPILS’ ASSOCIATION AND FOR MATTERS INCIDENTAL THERETO” HELD IN THE DR.
WAHID ALI ROOM, LEVEL 6, TOWER D, OFFICE OF THE PARLIAMENT, IWFC ON
FRIDAY JUNE 28, 2013 AT 11:00 A.M.
Present were:
Ms. Nela Khan
Miss Ramona Ramdial
Mr. Jairam Seemungal
Mrs. Patricia Mc Intosh
Mr. Fitzgerald Jeffrey
Ms. Jacqueline Phillip Stoute
Ms. Sheranne Samuel
Chairman
Member
Member
Member
Member
Secretary
Assistant Secretary
Also in attendance were the following officials of the Holy Name Convent Past Pupils’
Association (Promoters of Bill)
Ms. Lisa Burkett
Ms. Sandra Romany
President
Treasurer
INTRODUCTION
1.1
The Chairman called the meeting to order at 11:00 a.m. and welcomed members.
QUORUM
2.1
The Chairman advised Members that under Standing Order 80(5) of the House of
Representatives, the quorum for a Special Select Committee is three (3), inclusive of the
Chairman.
CONSIDERATION OF THE TERMS OF REFERENCE
3.1
The Chairman indicated to Members that the terms of reference as given by the
House of Representatives were:
“to consider and report on a bill entitled “An Act for the Incorporation of the Holy
Name Convent Past Pupils’ Association and for matters incidental thereto”
3.2
In addition, the Chairman advised that the work of the Committee was also guided
by Standing Orders 51 (2), 52 (2), 52, 53, 54, 80 and 83 respectively.
3.3
The Chairman referenced Standing Order 51 (2) of the House of Representatives
which states:
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Report of the Special Select Committee of the House of Representatives on
The Holy Name Convent Past Pupils’ Association (Incorporation) Bill, 2013
“When a Bill has been committed to a Select Committee, no further proceedings shall
be taken thereon until the Select Committee has presented its Report to the House.”
3.4
A short discussion ensued on the procedure to be employed with respect to the way
forward. Consideration was given to the imminent prorogation of this session of Parliament
and the fact that the Committee may be unable to conclude its consideration of the Bill and
as such it was suggested that the Committee table a Report preserving the work of the
Committee.
3.5
The Committee agreed to defer further consideration of this matter until later in the
proceedings.
CONSIDERATION OF BACKGROUND DOCUMENTS
4.1
The Committee reviewed the background documents submitted by the promoters of
the Bill.
4.2
The following concerns were noted by the Committee:
(i)
the Holy Name Convent Past Pupils’ Association (HNC PPA)‘one-to-one
mentorship programme’ is not the only one of its kind in Trinidad and Tobago
and as such the assertion should be removed from the documents;
(ii)
donations made to the St. Mary’s College Old Boys’ Association and the Fatima
College Old Boys’ Association; and
(iii)
there was no evidence that a name search via the Registrar General’s
Department had been undertaken or is being undertaken.
CONSIDERATION OF THE BILL ALONG WITH SUGGESTED AMENDMENTS FROM THE
CPC
5.1
The Committee reviewed the Bill clause by clause along with CPC’s suggested
amendments and concluded there were no issues with the Bill. Members were in agreement
with CPC’s suggested amendments.
EXAMINATION OF THE PROMOTERS OF THE BILL - The Holy Name Convent Past
Pupils’ Association
6.1
The Chairman requested the Secretary to invite the following Officials to join the
meeting:
Ms. Lisa Burkett
Ms. Sandra Romany
6.2
President
Treasurer
The Chairman welcomed the officials and introductions were exchanged.
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Report of the Special Select Committee of the House of Representatives on
The Holy Name Convent Past Pupils’ Association (Incorporation) Bill, 2013
6.3
The Chairman invited Ms. Lisa Burkett and Ms. Sandra Romany to give an overview
of HNC PPA.
6.4
The Committee reiterated concerns mentioned at paragraph 3.2 above. Additional
concerns were raised. These concerns and the responses of the Officials of the HNC PPA are
hereunder:
Incorporation via an Act of Parliament:
(i)
The HNC PPA officials indicated that the HNC PPA was established in 1937.
The HNC PPA attempts to improve the School’s infrastructure and seeks to
enhance the well-being of students.
(ii)
The organization has experienced difficulties in securing funding due to the
fact that it is not a legal entity. At present, the school is seeking to acquire a
bus, however, due to the challenges associated with securing funds, the HNC
PPA is seeking incorporation via an Act of Parliament and not the Companies
Act because of the annual expenditure associated with the Companies Act.
Name Search:
(iii)
A name search was not conducted.
Elections:
(iv)
With respect to the issue of elections, the Committee suggested that the
Association should aim to adhere to the deadline date of June 30, as stipulated
in its constitution.
Clause 5 of the Bill – Transfer and vesting of property:
(v)
With respect to Clause 5, officials of the HNC PPA indicated that all the
Association’s funds and property are vested in a Trust Deed established 10
years ago. Officials added that any release of funds or property is done with
the approval of three (3) trustees who are not part of the executive of the HNC
PPA.
(vi)
The Committee suggested that the HNC PPA reconsider the Act along with the
Trust Deed to ensure that the Bill covers the deed.
(vii)
The Committee subsequently requested a list of all assets that would be
transferred by way of Clause 5 of the Bill.
One-to-one mentorship programme:
(viii)
The Committee advised officials of the HNC PPA to remove the assertion that
it is the only organization with a one-to-one mentorship programme because
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Report of the Special Select Committee of the House of Representatives on
The Holy Name Convent Past Pupils’ Association (Incorporation) Bill, 2013
there are similar programmes in existence in other schools and institutions in
Trinidad and Tobago.
6.5
The Chairman thanked officials of the HNC PPA for their attendance at the meeting.
[Officials exited the meeting room]
CONSIDERATION OF THE WAY FORWARD
7.1
The Chairman indicated that due to limited time available to the Committee to
consider the Bill, it is anticipated that the Committee will not be able to complete its
mandate before the current Session is prorogued. Therefore, in accordance with accepted
practice, the Chairman sought the leave of the Committee to table a report requesting the
House to preserve work done thus far and advise that the Bill be reintroduced in the next
Session of Parliament and be referred to a new Committee, which should be empowered to
adopt the work completed by this Committee.
7.2
The Committee agreed.
7.3
The Chairman then directed the Secretary to prepare a draft Report and circulate to
Members of the Committee via email for comments and suggestions. It was agreed that the
Report be presented at the next sitting of the House.
ADJOURNMENT
8.1
There being no other business, the Chairman thanked Members for their attendance
and adjourned the meeting to a date to be fixed.
8.2
The adjournment was taken at 11:52 a.m.
Sgd
CHAIRMAN
Sgd
SECRETARY
July 01, 2013
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