Prime Minister says integrity concerns must be judged on facts, evidence and due process

GREAT BAY--Prime Minister Dr. Luc Mercelina told Parliament on Wednesday that allegations of integrity breaches in government must be assessed on facts, documentation, evidence and due process, while also stating that he submitted various documents through Parliament’s confidential route to support his statements. The Prime Minister said the same integrity standard must apply to all public officials, including ministers, civil servants, Members of Parliament and the Prime Minister, but stressed that documented concerns must be distinguished from unverified allegations.

The Prime Minister made the statement during the continuation of the public meeting on allegations concerning his involvement in matters related to the Ministry of Public Health, Social Development and Labor. While responding to questions from Members of Parliament, Mercelina said the same integrity standard must apply to all public officials, including ministers, civil servants, Members of Parliament and the Prime Minister.

“Serious allegations must be assessed on facts, evidence and due process,” Mercelina told Parliament. He said applying the same standard to everyone does not mean treating every accusation as fact, but rather applying the same fair, evidence-based standard across government.

Mercelina said concerns raised regarding the former Minister of VSA were, according to him, supported by documentation related to actions, decisions, correspondence, contracts, payments and possible conflicts of interest. By contrast, he said allegations made against him had not been substantiated in the same way.

The Prime Minister also addressed questions about whether an official complaint had been filed. He stated that an official complaint had been filed for alleged violation of Article 54 of the National Ordinance Material Civil Servants Law. He also said documents had been provided to Parliament on May 29, 2026, with additional documents submitted on June 9, 2026.

Mercelina said the matter was not ignored internally. He told Parliament that concerns were raised and discussed on multiple occasions, and that the intention was initially to handle the matter internally by giving the former minister an opportunity to reflect, correct course and retract decisions or actions where necessary.

The Prime Minister also addressed questions about contracts and payments. He explained that payments should be made based on the contracted amount and the approved advice. He said that in the case discussed in Parliament, the contract amount was below the Council of Ministers approval threshold, which he placed at XCG 50,000.

According to Mercelina, payments under that threshold can proceed through the ministry after the required approvals, including the financial controller and the minister or authorized official. However, he said any advice involving amounts above XCG 50,000 requires approval from the Council of Ministers before payment.

He told Parliament that while the initial contract amount was below the threshold, payments made to the consultancy group later exceeded the original amount. Mercelina said this raised serious questions about the legal and administrative basis for the additional payments, particularly if no addendum or additional supporting documentation existed.

The Prime Minister said the ultimate responsibility for ensuring that payments are made in accordance with contracts rests with the ministry and, ultimately, the minister.

Mercelina also addressed the status of political appointees compared to civil servants. He said a former legal adviser in his cabinet had been dismissed from the civil service before being hired as a political appointee, meaning that person was no longer a civil servant at the time of appointment.

He contrasted that with the position of a chief of staff who remains a civil servant while serving in a ministerial cabinet. Mercelina said the legal distinction matters because civil servants remain subject to the rules applicable to civil service, including Article 54.

The Prime Minister said this issue illustrates a broader challenge surrounding the placement of civil servants in political cabinets. He said government has struggled with the matter for some time, particularly since national decrees granting extraordinary leave for civil servants to work in ministerial cabinets have not always been signed.

Mercelina said this is one reason legislation is being worked on to regulate the placement of political assistants and civil servants in cabinets, so government can establish clearer legal rules for future appointments.

He also used the meeting to explain his role as chair of the Council of Ministers. Mercelina said each minister remains responsible for his or her own ministry and remains accountable to Parliament. However, he said the chair of the Council of Ministers also has responsibilities related to maintaining the unity of government policy, setting the agenda of the Council of Ministers, and following up on the execution of Council decisions.

He said discussing an advice with a minister before placing it on the Council of Ministers agenda does not amount to crossing into another minister’s portfolio. Rather, he said it falls within the role of the chair to ensure that matters are ready for discussion and that Council decisions are executed.

Mercelina also rejected the suggestion that he had leaked government documents for political purposes. He said he did not release correspondence to the media and did not write articles on the matter. Asked whether leaking government documents for party purposes would itself be an integrity concern, he said any leaking of government documents outside government should be treated as a serious concern.

In response to questions about possible investigations, Mercelina said he did not personally request an investigation into the former minister’s conduct by the Integrity Chamber. He said the former minister had requested the involvement of the Integrity Chamber and that when the Chamber contacted him, he informed them that all doors were open and they were welcome to conduct whatever investigation they deemed necessary.

The Prime Minister also said the results of an Integrity Chamber investigation, once finalized and published according to the applicable process, would be available for review.

On whistleblower protection, Mercelina said civil servants who report suspected integrity breaches are protected under Article 85 of the National Ordinance Material Civil Servants Law, provided they act in good faith and do not seek personal gain from the report. He said Article 84 also identifies the responsible department head or next higher supervisor as part of the reporting structure.

Mercelina further stated that the Integrity Chamber issued advice in 2025 on the need for a whistleblower policy for the Government of St. Maarten. He said that advice will be taken into account in the development of a comprehensive integrity policy.

The Prime Minister said integrity in public office means acting with honesty, accountability, fairness, discipline and respect for the law, especially when discussions are difficult or politically uncomfortable.

He said integrity should not be treated only as a political term, but as a standard that must guide decision-making, documentation, accountability and the handling of public funds.

Mercelina maintained that government must protect due process while also ensuring that documented concerns involving contracts, payments, conflicts of interest or possible breaches of civil service rules are addressed through the proper channels.

He concluded that the integrity standard should be the same for all, but that the process must remain grounded in facts, evidence, documentation and the law.

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