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More questionable legislation tabled, says Opposition

Apr 29, 2009 News

Shadow Labour Minister of the People’s National Congress Reform, Basil Williams, who is also a Vice Chairman of the party, is outraged at one of the pieces of legislation tabled in the National Assembly. This Bill is the Public Utility Undertakings and Public Health Services Arbitration (Amendment) Bill, 2009, which is up for debate on Thursday.
According to Williams, the Bill seeks to take away the workers’ and trade unions’ rights to strike.
Williams is of the view that the right to strike is enshrined and guaranteed by Article 147 of the Constitution of Guyana.
The Shadow Labour Minister opines that the Bill purports to introduce modern and far reaching Essential Services Legislation by superimposing it on an old archaic structure that is the present Act.
He noted that Essential Services legislation can amount to reasonable legislation within the meaning of Article 147, “provided it is introduced in line with our new paradigm: a consultative and participative democracy as envisaged in Article 11, and much vaunted (boasted) by President Bharrat Jagdeo himself.”
He noted also that in the extant (existing) legislation, the Minister has dictatorial powers in that it gives the Minister the power to appoint all the members of the Arbitration Tribunal Constituted to settle trade disputes which cannot otherwise be determined.
“The Minister appoints the Chairman, the employer’s representative and the workers representatives and in the new dispensation the Minister normally appoints after meaningful consultation with the workers representatives and the employers representative.”
Williams pointed out that another section provides for the Minster to receive the report of a trade dispute; to refer the dispute to the same tribunal he hand picked, for settlement.
“This process is clearly partial and the Tribunal cannot be described as independent.”
According to Williams, proposal and reports of a trade union dispute should be made to the Chief Labour Officer, who can make the reference to the Tribunal but section Section19 of the Bill deletes any reference to the DPP having to consent before a prosecution could be instituted for its contravention.
“The result is that the Minister could be Judge and prosecutor and executioner in this process….the government should repeal and replace the current chapter 54:01 with a new Essential Services Act, embodying the democratic imperatives outlined,” said Williams.

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