GOVERNMENT is illegally extracting an additional 50 cents in bus fares from commuters, says Opposition Leader Owen Arthur.
Not only that, he adds, the Transport Board is also selling petrol in breach of the law.
Speaking at a joint Barbados Labour Party (BLP) St George North/St George South branch meeting at St George Secondary School last night, Arthur said under the Provisional Collection of Taxes Act, Chapter 85, a Minister of Finance could go to Parliament and announce the increase of a tax or rate if the money was to be paid into the Consolidated Fund and it would have immediate effect.
He added that under the legislation a Minister of Finance then had four months to bring the necessary law to validate his announcement. He explained, however, that a bus fare was neither a tax nor rate to be paid into the Consolidated Fund.
He noted that not even the Minister of Transport and Works could increase bus fares by merely going to Parliament and announcing it.
The St Peter MP recalled that in 1983 when bus fares were increased there had to be a statutory instrument to validate it. He added that under Section 124 of the Road Traffic Act, a regulation or order had to be instituted to make an increase of bus fares valid.
“If he [Minister of Finance] goes to the House of Assembly increasing bus fares, that is of no effect, because he can’t increase it. Only the Minister of Transport can do it. And the Minister of Transport can’t just say so, he has to bring an order and there has been no order brought to increase bus fares,” Arthur stressed.
He said Barbadians should not lose their sense of outrage because Government was doing too many things “contrary to the law”.
Arthur said that under Section 11, Subsection 3, Clause (b) of the Transport Board Act, it was spelt out that the board “shall not trade in spare parts or accessories to road vehicles or in petrol”.
He underlined the fact that the law did not say the board may sell petrol under certain circumstances but stipulated that “it shall not sell petrol”. He said the law prohibited the Transport Board from being a “gas station”.
Arthur stated there was an attitude developing in Barbados that the law was there to be broken. He added that under the Barbados Water Authority Act, there was no provision for an executive chairman but one was in place. He said if Government could not respect the law in small matters, it would disrespect the law in bigger areas.
Referring to plans to appoint Barbadian-born United States-based Marston Gibson as Barbados’ next Chief Justice, Arthur said when the law did not suit Government’s purposes, it sought to disregard or change it.