Battle lines drawn in Parliament…House Speaker warns Luncheon not to provoke a constitutional crisis

Oct 20, 2012 News

– says President could be failing duties

“The Office of the President is cautioned not to provoke a constitutional crisis as there is no winner in such a scenario, but rather, to respect and recognise the reality, authority and legitimacy of the 10th Parliament.”-Speaker Raphael Trotman

Ahead of Monday’s reconvening of Parliament after a recess, battle lines have been drawn with the House Speaker Raphael Trotman yesterday warning President Donald Ramotar that he could be in gross dereliction of his constitutional duty for not approving Bills that have been passed by the National Assembly.

House Speaker, Raphael Trotman

Raphael Trotman’s sharp response came one day after Dr. Roger Luncheon, Head of the Presidential Secretariat, made it clear that Government was not happy with how the National Assembly is being run and that President Ramotar could very well not assent to any Bills passed by the National Assembly that do not find favour with the government.
However, the Speaker, a former leader of the opposition party, Alliance For Change, who is now heading a House that for the first time in 20 years does not have a government majority, hit back saying that he will not be baited.
This latest development would signal a growing divide between Government and the opposition which combined has a one-seat majority in the National Assembly.
According to the Speaker, in a statement from his office, the dignity of the National Assembly will be maintained and it will continue to function as the legislative arm of the State.

Constitutional crisis
“The Office of the President is cautioned not to provoke a constitutional crisis as there is no winner in such a scenario, but rather, to respect and recognise the reality, authority and legitimacy of the 10th Parliament.”
Trotman, a lawyer, believed that there are obvious attempts to hinder the ability of the 10th Parliament to be successful.
“The people expect that both the Office of the President and the National Assembly will put Guyana first and work together for unity and development.
If the President chooses not to assent to Bills duly passed by a majority of the National Assembly of the Parliament of Guyana, without good and substantial reasons for doing so, then he can be considered to be in gross dereliction of his constitutional duty.”
During his weekly press briefing on Thursday, Dr. Luncheon who is government’s chief spokesman complained that the Speaker was ignoring sound advice from experienced current and former parliamentarians, and recognised authoritative sources.
The Cabinet Secretary complained specifically that Trotman seeming to be biased to the Parliamentary opposition…the AFC and A Partnership for National Unity (APNU).
He made mention of a number of Bills… the President’s Pension, and the Financial Management and Accountability Act Amendment Bills, and the Clerk of the National Assembly Bill which the government has rejected and has discussed with the Speaker.
“The administration has signalled its objection to these Bills and the adherence or really the lack of an adherence thereof to parliamentary norms and procedures, remains an area of great controversy,” Luncheon said Thursday.
He stressed that the opposition’s resolve to impose its one-seat majority and its uncompromising stance will continue to present room for much discord.

Head of the Presidential Secretariat, Dr. Roger Luncheon

According to the Speaker, yesterday, the Guyana Constitution prescribes that Parliament of Guyana shall comprise the President and the National Assembly.
“No one, including, the Head of the Presidential Secretariat, can ignore the constitutional standing of either institution. The HPS’s latest rant about the Speaker not taking advice and inviting “discord, and division” is a sign of ignorance of the basic tenets of the Constitution, and the laws and procedures governing Parliament.”

Contemptuous Luncheon
Additionally, the statements can be considered disrespectful and bordering on being contemptuous, Trotman said.
“The Speaker, himself a parliamentarian of many years standing, is unaware of who these “more experienced” parliamentarians are that the HPS refers to and how discord is being promoted. The Speaker’s office is a constitutional one that is not subject to the direction and control of any person. The Speaker should be allowed to function without interference.”
The Speaker admitted that he did receive on Thursday a Government objection, in written form, to the placing of two private member’s Bills in the name of Carl Greenidge, M.P., on the Order Paper.
“There was no prior objection given to the Speaker to these Bills and so the assertion of the Speaker ignoring anyone is preposterous and grossly inaccurate.
“Secondly, the Speaker of the National Assembly has no authority to decide what goes on an Order Paper and what does not.” The Speaker insisted that the content of the Order Paper is the sole responsibility of the Clerk of the National Assembly, and one that is jealously guarded.
“The Bills that the government finds “offensive” are private members Bills that were deemed to be appropriate in the opinion of the Clerk of the National Assembly; hence his decision to include them.
“Every Member of Parliament is guaranteed the right to introduce bills, motions and questions into the House,” the official said.

No drafting help
The Speaker also accused the Attorney General’s Chambers of refusing to assist especially Opposition Parliamentarians.
“In the face of the refusal to provide the advice and support from the Attorney-General’s Chambers and the Chief Parliamentary Counsel, Members of Parliament, the Speaker and Clerk of the National Assembly have had to resort to being their own counsel.
“Dr. Luncheon must know this, and therefore it is obvious to all, that he is trying to bait the Speaker and National Assembly into another “rumble” so as to provoke confusion. The bait will not be taken.”

Attorney General, Anil Nandlall

The opposition parties have been complaining bitterly that legal draftsmen are deliberately not being made available to the AFC and APNU to help in constructing new laws.
Since the November 28 General Elections which saw the ruling People’s Progressive Party/Civic (PPP/C) losing the majority in the National Assembly, the relationship has been largely strained with the opposition AFC and APNU with disagreements over the composition of seats in key Parliamentary committees.
Inter-party dialogues have also been consistently hitting hurdles. There have also been criticisms of the achievements of the first session of the 10th Parliament.
This coming session, the opposition is hoping to debate among other things the controversial President’s Pension Bill while the government will be targeting the Telecoms liberalization Bill.