Chairman of Parliament poses several questions to Minister of Justice, during draft national ordinance establishing the budget of Sint Maarten

PHILIPSBURG, Sint Maarten – Questions posed by MP Rolando Brison to the Minister of Justice Anna Richardson  During the Central Committee meeting handling of the draft National Ordinance establishing the Budget 2021

Function Book

1. What are the financial implications, if everyone was to be place in their proper function with their increase in pay in the next 2 months, is this accounted for in this 2021 budget?
2. If not, how will the Government afford to pay these increases?
3. Or is this more anticipated for future budget 2022?

CFATF

1. When is the next meeting of the CFATF and report to the membership?
2. What is the expectation that the Minister would have to be faced with?
3. Are there any implementation costs for the remainder of 2021 that the Ministry of Justice expects to incur, within the MOTT and/or other aspects within Justice?

Challenges faced with the Prosecutor office

Please provide an update on the challenges the Minister faces with the fines from Prosecutor office in their role and lack of action with the collection to the tune of 1mil guilders in fines.

Referring to the National ordinance “Bestuurlijkehandhaving” – Jan 25, 2018 was passed in Parliament. 

1. Is this law fully ratified and implemented?
2. If yes, is this assisting with the collections?
3. If not, what would be the plan for the ratification and full implementation and use of “Bestuurlijkehandhaving”?
4. Would this law help the Minister in terms of collections and if not having to be done via the Criminal code as was done in the past?

Income of the issuance of Gun licenses

1. What is the status for issuance of gun licenses?
2. What is the status of the new gun policy?
3. Is there a projected increase as a result of the efforts to create a proper policy for the issuance of gun licenses?
4. Will there be a fee increase and can we expect additional funds in Government koffers?

Police records

What is the status of the “new reform” of police records that were expected to come, and what are the projected revenues to be achieved from this?

MOT  (Meldpunt Ongebrijkelijke)

There is an ongoing concern with the legislation passed in Parliament. One of the concerns was the decisions that “nader regels” that can come after and be implemented by the government and MOT. This can result in unintended consequences that maybe as Parliamentarians did not foresee.  One unintended consequence which relates to credit cards transactions over 5,000 guilders.  There were confusion in the business community as to what needs to be reported in terms of credit cards transaction to the MOT.

1. Please provide clarity as to what are the current regulations by extension the MOT, in terms of reporting credit card transaction.
2. Can the Minister consider adjusting this regulation?
3. Is there a need an opinion from the Ministry of Justice for a Naf 25,000 transaction on credit cards? 
4. What are the thresholds as it relates to credit cards transaction and is this threshold necessary?

Online gambling licenses issued by the Government of SXM.

Does these licenses falls under the supervision of the MOT?  SXM is able to issue online gambling licenses.  The Minister can issue on the license rule that locals cannot participate in that gambling.  This should be amended to reflect that it should be should not accept money from locals. 

MOT (Meldpunt Ongebruikelijke Transacties) 

If such license are issued to an entity that are not established in St. Maarten but operates digitally…

How does the MOT manages this component? 

Is the MOT equipped to do this?

There is a huge opportunity to bring more funds to the government koffers by issuing more of such licenses with no negative effects on the local population.

If the MOT can oversee just the transactions of these online establishments, that should suffice from and AML (anti money laundering) and a CTF (counter terrorism financing) perspective and then follow up questions can be posed to the Minister of TEATT.

Turning Point

Provide an update on the containers from the prison.

Rental agreements

In the list of rental agreement there’s nothing listed for the packet officier van Justitie in the rental.

1. How the rent is for the Court House managed, is there a rental transaction?  Are there any funds to the Government koffers from the operations there? 
2. Is the rent covered by the Government of SXM?  If not can we inquire what the amount that they are paying is?
3. What is the total rental budget for the “parket van Justitie (OM)” and the “parket Procureur Generaal”?

• Would the Minister consider try to create a plan and present to Parliament that within a realistic time frame, find an opportunity to create our own facility where we can centralize all immigration offices (Court of Guardianship, 3 immigration facilities, landsrecherche, police station, etc).

Windward Roads

 Why was the $2 million (in the judgment of Windward Roads) not paid into the crime fund, can the Minister find out why this was not done?

Crime Fund

1. Amount outstanding for a case called “Biento” that was never deposited with the crime fund; Can I get a follow up as to whether these funds are being persuade by the Ministry of Justice to be deposited to the crime fund?
2. Can the minister look into that and let Parliament know if those funds are available?

40^th report of the “voortgangscommissie” (1 January 2021 to 1 April 2021)

1. What is the Ministers opinion on the findings of that report?
2. Does the Minister intend to take this into account in the Budget 2021 or in future budgets?
3. If so, how?
4. What will the effects be?
5. If not, why?

Ankle Bracelets

1. What is the projected income or if any of the issuance of ankle bracelets?
2. Is it the plan for us to recoup those funds by charging it to the individual that is using the ankle bracelet?