The Senate Special Select Committee was approved on the 30th September 2016, by the Senate through a Motion for the appointment of a Special Select Committee to investigate the findings of the Auditor General’s Special Visa and other findings Report on the Immigration and Nationality Department for period 2011-2013.
The Motion was presented in the Senate by Senator Ashley Rocke. The Motion was amended, incorporating proposed amendments from a Motion of Senator Eamon Courtenay.
The Senate Special Select Committee is comprised of the following Members:
Chairman/Government Senator – Senator Aldo Salazar
Government Senator – Senator Dr. Carla Barnett
Opposition Senator – Senator Eamon Courtenay
National Trade Union Congress and the Civil Society Steering Committee – Senator Elena Smith
Belize Council of Churches and Evangelical Association of Churches – Senator Ashely Rocke
Belize Chamber of Commerce and Industry and the Belize Business Bureau – Senator Markhelm Lizarraga
The text of the Motion is as follows:
Motion for the appointment of a Special Select Committee to investigate the findings of the Auditor General’s Special Visa and other findings Report on the Immigration and Nationality Department for period 2011-2013.
WHEREAS, paragraph (d) of section 61A (2) of the Constitution of Belize, provides that among the powers and functions of the Senate is the instituting and conducting of enquiries and investigations on any matter of public interest or importance; and also, at paragraph (e) thereof, the receiving, reviewing and reporting on annual reports and other reports of the Auditor General, the Contractor General and the Ombudsman and instituting and conducting inquiries, investigations and hearings in relation thereto; at paragraph (g) thereof, requiring the attendance before it of any Chief Executive Officer in a Government Ministry in respect of any matter of which he has knowledge by virtue of his office, or in respect of anything related to his office and the due execution of his duties; and at paragraph (h) thereof, requiring the attendance before any Committee of the Senate, of any Minister of Government;
AND WHEREAS, the Auditor General has, in her Special Visa and other findings Report on the Immigration and Nationality Department on Nationality, Visas and Passports for the period 2011–2013, publicly reported on various findings of concern in relation to the operations of the Department, with the anticipation that those findings would provide a basis for meaningful reform regarding policy formulation and implementation;
AND WHEREAS, the Government acknowledges, and heeds the call of citizenry including several of the Social Partners represented in the Senate through the Belize Chamber of Commerce and Industry (BCCI), the Belize Business Bureau (BBB) and the National Trade Union Congress of Belize (NTUCB), in recognition that the findings of this Special Report are a matter of public importance and that, in the interest of ensuring good governance and compliance with organizational best practice and statutory requirements, it is desirable that the Senate exercises its powers and functions under the Constitution of Belize to conduct an inquiry into and investigate the findings of the Report;
AND WHEREAS, Standing Order No. 69 of the Senate Standing Orders (which are further herein referred to) provides for the appointment of a Special Select Committee other than a Standing Committee, by order of the Senate which shall specify the terms of reference of the Committee, including its composition;
AND WHEREAS, Standing Order No. 70 provides, among other things, that every Select Committee shall be so constituted, as to ensure as far as possible, that the balance of the parties in the Senate is reflected in the Committee;
AND WHEREAS, Standing Order No. 72, provides authority to enable the Special Select Committee to summon witnesses to a sitting thereof;
BE IT RESOLVED THAT the Senate shall approve the appointment, pursuant to Standing Order No. 69, of a Special Select Committee of the Senate (hereinafter referred to as “the Committee”) with the following terms of reference and composition:
1. TERMS OF REFERENCE:
A. To conduct an independent and impartial investigation and inquiry into all policies, processes and procedures in the grant of nationality, and the issuance of visas and passports in the Ministry responsible for Immigration and Nationality that pertain to the findings of the abovementioned Special Report of the Auditor General for the period 2011 – 2013;
B. To require the production of such papers and records as the Committee shall deem relevant to the enquiry and to examine pertinent documentation;
C. To determine whether, consequent on the investigation and inquiry, statutory and other procedures were complied with;
D. To require the attendance before the Committee of the Chief Executive Officers of the Ministry of Immigration and Nationality and the Ministry of Foreign Affairs, and any other Chief Executive Officer who is named by the Auditor General in her Special Audit of the Immigration and Nationality Department on Nationality, Visas and Passports for the Period of 2011-2013 (“the Special Audit Report”) and/or who may have information, by virtue of his office, which may be relevant to the inquiry, pursuant to Section 61A(2)(g) of the Constitution of Belize;
E. To require the attendance before the Committee of those Ministers named by the Auditor General in the Special Report and/or any other Minister of Government who may have information which may be relevant to the inquiry, pursuant to Section 61A(2)(h) of the Constitution of Belize;
F. To require the attendance before the Committee of the Director of Immigration and Nationality and all such current and former public officers in the Ministry responsible for Immigration and Nationality, pursuant to Standing Order No. 72 of the Senate Standing Orders, as well as for the production of all relevant papers and records of the Ministry, as may be necessary to conduct its enquiry and investigation;
G. To examine all such persons required to attend before the Committee as witnesses, pursuant to Standing Order No.72 of the Senate Standing Orders;
H. To hold and conduct its sittings and meetings in public and broadcast live, except for sittings which are held only for the purpose of deliberation of the matters which are the subject of the Committee, which sittings shall be held in private;
I. That the Committee shall hold its hearings with due urgency and expedition, in accordance with Standing Order 75 of the Senate Standing Orders, make a report to this Honourable Senate as soon as may be practicable of the result of its inquiries, with all such comments and recommendations as the Committee may deem fit, furnishing this Honourable Senate with a full statement of its proceedings and of the reasons leading to its conclusions and recommendations;
J. That the report shall be tabled in this Honourable Senate and become a public document;
K. All Committee members shall be allowed sufficient time and equal opportunity to question witnesses, and shall be permitted to question each witness who attends a sitting;
L. Each witness shall be afforded the opportunity, pursuant to Standing Order 72(13) of the Senate Standing Orders, to review his/her evidence, and shall have liberty to suggest corrections due to inaccurate reporting, within 14 days of the date from which the evidence was sent to the witness by the Clerk;
M. The Committee shall be permitted to hire attorneys, accountants and such other experts as required by the Committee;
N. The Office of the Senate shall be the office of the Secretariat of the Committee;
2. COMPOSITION OF SPECIAL SELECT COMMITTEE:
A. That the Committee be appointed consisting of six Senators, as follows:-
1. two from those appointed on the advice of the Prime Minister;
2. one from those appointed on the advice of the Leader of the Opposition;
3. the one appointed on the advice of the Belize Council of Churches and the Evangelical Association of Churches
4. the one appointed on the advice of the Belize Chamber of Commerce and Industry and the Belize Business Bureau; an
5. the one appointed on the advice of the National Trade Union Congress and the Civil Society Steering Committee;
B. The Senators who are members of the Committee shall, at the first meeting of the Committee, elect a Chairman of the Committee;
C. The Quorum of the Committee shall be three.