House Speaker blocks motion compelling Government to abide by court ruling on insurance for Exxon operations 

May 11, 2023 News

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…allows three-hour long debate on time motions take to reach Order Paper

By Davina Bagot  

Kaieteur News – A motion submitted by Opposition Member of Parliament (MP), Ganesh Mahipaul on Tuesday evening for the National Assembly to call on the executive arm of the government, to honour the ruling of Justice Sandil Kissoon, regarding oil spill insurance and the parent company guarantee by ExxonMobil, was thrown out by Speaker of the House, Manzoor Nadir at yesterday’s sitting.

The Speaker in disallowing the motion told the National Assembly that he received an email from the MP just after seven on Tuesday evening, to move a Motion for the adjournment of the Assembly on “definite matters of urgent of public importance”. Nadir noted that at the time, he had already seen an online article stating that the Environmental Protection Agency (EPA) had moved to the Court to appeal the High Court ruling. He said on Wednesday morning, he received the appeal documents. As such, he explained, “So this matter is now in the Courts and we won’t be able to deal with it.”

No clarity

At least five attempts by Mahipaul to seek clarity on the Speaker’s decision were ignored, as Nadir went straight into the next item on the agenda.  Mahipaul however was allowed the floor shortly after to move another Motion on the agenda, when he used the opportunity to raise his concerns.  He said, “Mr. Speaker I was seeking your attention a bit earlier to seek some clarity from you please. So before I go into the Motion, may I ask Sir if the Court matter that was filed concerning the EPA, can you say if a Court date and Judges were assigned to it.”

The Parliamentarian reminded the Speaker that in a previous ruling pertaining to sub judice he pointed out that a Court date and the assignment of a judge to the matter are imperative for it be deemed sub judice. Mahipaul therefore asked Nadir to explain whether this was the case for the EPA appeal.

In refusing to respond to the specific query, Nadir responded, “Point of Order, we are at the ‘honourable member Mr. Mahipaul would move the following Motion’. The honourable member Mr. Ganesh Mahipaul you may proceed…”  Mahipaul thanked the Speaker for his response and said he was very clear in his reply.  The National Assembly then spent the remainder of the first session, over three hours, debating the time it takes for a Motion to reach the Order Paper.

Ruling concerning

In a subsequent statement to the press after the Speaker’s decision, the Opposition said his ruling was concerning. The Opposition noted: “the role of the Speaker of the National Assembly is to be a neutral arbiter and ensures that all voices are heard in the democratic process. This Speaker is biased and unpatriotic. His actions continue to undermine the integrity of the democratic process. Further, his actions erode public trust and prove that he is a puppet of the executive arm of government.”

They also argued that the issue of protecting the Guyanese people from the environmental and economic impacts of offshore oil production is of vital importance, since a spill can have devastating consequences for the environment, fishing industry, and tourism sector, as well as the health and well-being of local communities. “It is therefore imperative that the government takes this issue seriously and implements measures to protect the Guyanese people. The Speaker of the National Assembly is preventing a motion that would help to achieve this goal. This is a serious problem that requires immediate attention,” the Opposition said.

According to the opposition, both the Speaker and the executive arm of government “undermine the integrity” of the democratic process in Parliament which has serious consequences for the people of Guyana. As such, it said it is crucial that the people take action to ensure that the democratic process is fair and transparent, and that measures are put in place to protect the Guyanese people from the potential impacts of offshore oil production.

Precedent

On July 21, 2022, the 48^th Sitting of the National Assembly was convened where the Speaker made the declaration that a date and Judge must be assigned to a Court case for it to be deemed sub judice. The Oxford dictionary defines the word as “under judicial consideration and therefore prohibited from public discussion elsewhere.” Mahipaul believes that since there was no date and Judge assigned to the appeal filed by the EPA while the Sitting was in session, Parliament was well within its authority to debate the subject.  During the 48^th Sitting of the Assembly last year, a Motion on the suspension of the Opposition MPs was raised by the government side and allowed by the Speaker. At the time, the matter was before the Court.

MP, Khemraj Ramjattan sought to point out, “this should not move further because of the fact that there have been court actions filed. In keeping with your ruling – I do not need to go back to all of your rulings, Mr. Speaker – you have made it quite clear in the Standing Order 41(2), once in a court of law it becomes sub judice.” The MP referenced the Henry boys’ and the flaring motion urging that they were not allowed since it was filed in Court.

“The sub judice rule as indicated by you in two very comprehensive rulings would indicate that this is a sub judice matter which we should not even move forward,” Ramjattan said. In response however, the Speaker reasoned that a matter must be assigned a date and judge.

He said, “The first one (Henry boys’ Motion), I ruled that charges had been laid. On the second one (flaring motion), it was not only a filing but the matter was assigned to a judge. I have the records of 21st May, 2022, which indicates that it was not only a filing but had gone a further way towards fixing dates for hearings, et cetera. In all of that, I do have, as I have said on many occasions, the services of one of the most experience Clerks in the Commonwealth. I do confess also that our Library Department has an enormous ability to provide information to the Speaker. Many times, when I make a ruling, it is out of experience, information, sound advice and advice also of counsel.”

Nadir also pointed out that in the United Kingdom (UK), Standing Orders on matters of sub judice it states “Civil proceedings are active when arrangements for the hearing, such as setting down a case for trial, have been made, until the proceedings are ended by judgment or discontinuance.”

He also told Ramjattan, “I went to the Republic of Kenya and the Republic of Kenya Parliament, The National Assembly, Standing Orders at Standing Order 89, matters of sub judice or secret, rule as follows: …(2) A matter shall be considered to be sub judice when it refers to active criminal or civil proceedings and the discussion of such matter is likely to prejudice its fair determination.”

Nadir concluded by informing Ramjattan that the rulings come down to his discretion, which in that specific case (suspension of MPs) is founded in constitutions. “In all of this, throughout all the jurisdictions, in the end also, it comes down to the discretion of the Speaker. I am happy to say, in this case, my discretion is founded in constitutions, in conventions and in commonwealth practices. While I have listened to the Hon. Member, Mr. Ramjattan, I now have to disagree with him and ask that we proceed with the matter before us,” the Speaker related.

 

 

 

 

 

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• date, Judge, Motion, oil, spill

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