Govt challenges reconstitution of Parliamentary Committee

Mar 17, 2012 News

Government and opposition lawyers yesterday argued in court about the constitutionality of the Parliamentary Committee of Selection. The opposition parties which hold a majority have voted for the committee to be made up of nine members, but the government wants it to remain a 10-member committee.
Attorney General Anil Nandlall, is arguing that what is being sought by the opposition in parliament with the committees is being done against the parliamentary norms, conventions and the constitution. The AG is seeking the court’s intervention to stop this.
However, lawyers for the opposition are contending that Parliament and the Courts of Guyana are two separate pillars and therefore one cannot intrude in the working of the other.
The AG moved to the court earlier this month to challenge the new arrangement for the Parliamentary Committee of Selection on which it was relegated to minority membership following the November 28 polls.
The government’s chief spokesman, Dr Roger Luncheon, had stated that the government is seeking to achieve the same objective by way of a motion in the National Assembly, but that is not likely to find favour, since the opposition controls Parliament and have argued that there is nothing unconstitutional about the setting up of the committee.
The government is looking to fight the battle wherever it can in its attempts to quash the formation of the committee which gives the governing party – the PPP – and the opposition coalition -APNU – four members each.
The other opposition party, the AFC holds a crucial one seat on the committee.
In court documents, Attorney General Nandlall, stated that the government is seeking a declaration that the composition of the Committee of Selection “is in violation of the principle of proportionality as contemplated by Articles 60 and 160, of the Constitution and the provisions of the Elections Laws (Amendment) Act No.15 of 2000 and accordingly, unconstitutional, unlawful, null, void and of no effect.”
Further, the government wants the court to issue an order setting aside, revoking, cancelling or annulling the composition of the said Committee of Selection on the ground that it violates Articles 60 and 160 of the Constitution of Guyana and is in breach of the provisions of the Election Laws (Amendment) Act No. 15 of 2000.
Opposition Leader David Granger and Speaker of the National Assembly, Raphael Trotman, are named as respondents in the case.
Nandlall argued that the composition of the Committee of Selection is violative of the principle of proportionality as contemplated by the Constitution since in this configuration; the PPP/C with 32 seats has the same representation in the Committee with APNU which only secured 26 seats.
On February 10, the opposition parties had used their majority vote in the National Assembly to revise the composition of the committee, which is responsible for appointing all of the other Parliamentary committees.
The opposition wants the formation of the other committees to follow the same membership composition of the umbrella Committee of Selection.
The government is insisting that since it holds the single largest bloc of votes in the National Assembly, it should be entitled to five seats on the committee, but the combined opposition parties disagree and are sticking to their position.
The current committee is made up of PPP members Samuel Hinds, Dr Leslie Ramsammy, Indranie Chandarpal and Gail Teixeira, while APNU members are Amna Ally, Volda Lawrence, George Norton and Joseph Harmon. The AFC is represented by Khemraj Ramjattan.
The opposition has argued that the Committee of Selection complied with every section of the Standing Orders of the Parliament which is in consonance with the Constitution of Guyana.
But Standing Order 94 (1) states: “Every select committee shall be constituted as to ensure, as far as possible, that the balance of parties in the Assembly is reflected in the committee.”
Yesterday, Prime Minister Sam Hinds said that a 10-member Committee of Selection allows for the computation of a proper balance for the parties in parliament. The PPP with 49 per cent of the votes would secure five seats; APNU with 40 per cent of the votes would have four and AFC with 11 per cent of the votes would have one.
The proposed dispensation suggests that there is parity between PPPC and APNU.

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