The Speaker is the man of the moment

Apr 06, 2014 Features / Columnists, Peeping Tom

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The Minister of Finance is usually the central figure under the spotlight during the presentation and the debates over the country’s National Budget. It is the Minister of Finance who tables the Budget to the House, makes his Budget speech and is the lead figure on the government side in defending his estimates of revenue and expenditure.
Dr. Ashni Singh is without question and hands down the best debater and the best orator in the House. At least this is my opinion. In previous years, he has categorically dismantled the criticisms of the Opposition There is no reason why, in the face of what can only be described as ordinary presentations this year from the opposition side of the House, he is not going to do the same when the time comes for him to rebut the Opposition.
Even though this is perhaps his weakest Budget, he has an easier task, this year, judging from the criticisms which have so far been made of the Budget, than any other previous year.  He will shine again. That is a foregone conclusion. But he is not likely to be the centre of attraction this year.
The spotlight will be on the Speaker. Already the Speaker has attracted attention by making a ruling threatening to not recognize the Minister of Education when she rises to speak unless she apologized for comments made during a heckling episode.
The Speaker, having reviewed the tapes of the deliberations when the offending comments were made, has since reversed himself. He has indicated, quite rightly, that the comments made by the Minister were not intended to refer to the APNU parliamentarian, Jaipaul Sharma, whom it has been reported has since tendered his resignation.
There may be more in the mortar than on the pestle in relation to this resignation, but a discussion of this resignation will be reserved for another column. Politics in Guyana is full of surprises, twists and turns, and there may be quite a few still left to be played out in relation to this controversy. It is best therefore to await the post script.
The Speaker has done the right thing. The comments made by the Minister, while insensitive, do not constitute either a breach of privilege or contempt of parliament. As such, the Speaker has rightly reversed his original decision.
This is to be admired, because the hardest thing for people to do is to admit that they were wrong and to say they are sorry. The Speaker must be commended for having the courage and integrity to admit to an error and to correct it.
But his sternest test is soon to come. And it is this test which is likely to emerge this week that will make him the central figure in the Budget debates. The Speaker will have to decide whether he will allow the Opposition parties to amend the Estimates of Expenditure.
It should be recalled that the Chief Justice (ag.) had ruled that the Opposition cannot amend the Minister’s estimates, but can approve or refuse to approve them. The Speaker has since appealed that ruling. In turn, the Opposition parties threatened to cut the Budget.
Since then, however, comments have been made by both the AFC and APNU which suggest that they will comply with the ruling of the Court. If you read between the lines of what both APNU and the AFC are saying, it suggests that they will be approaching the issue in terms of acceptance or rejection, rather than amendments. This is a positive signal. But as mentioned before, politics in Guyana is full of surprises, and this may be just a tactical ploy.
The Speaker is not allowed the liberty of tactical ploys. He will have to make a ruling on whether he will allow the Budget to be cut. His ruling on this score will in effect amount to either respecting the Judge’s ruling or not doing so. This is a most important ruling and one that has serious implications for constitutional and parliamentary democracy. It is for this reason that the Speaker will overshadow the Minister of Finance as the central figure in this year’s Budget debates.
What will be the outcome? You have to wait and see. But when the time comes, the Speaker should remind himself of the words of a former Chief Justice of Guyana and former member of the Caribbean Court of Justice, Desiree Bernard. Justice Bernard had adjudicated in January of 1998 over a challenge to the swearing in of Mrs. Janet Jagan as President.
In making her ruling she made some comments which are worth repeating here as the country waits on how the Speaker of the National Assembly will rule, if indeed he has to rule, on the issue of cutting the Budget.
Justice Bernard in 1998 in her ruling said that “at all times, respect for our Courts and the orders emanating therefrom must be maintained, whether rightly or wrongly made.” Quoting Lord Denning she added, “Be ye never so high; the law is above you”
Words of wisdom, Raphael!

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