The Speaker is wrong on sending Rohee to the Privileges Committee

Nov 29, 2012 Letters

Dear Editor,
Regarding your news items, letters and commentaries on Minister Rohee being sent to the Privileges Committee, it is my informed understanding of parliamentary rules, from my studies in Comparative Politics and in conversations with Senior Counsel in Trinidad, that a Member of Parliament (MP) cannot be sanctioned for matters unrelated to the conduct of parliament.
In Trinidad and Jamaica, the former in particular, MPs have been regularly taken before the Parliament Privileges Committee (PC) for violating the conduct of parliament. A prima facie case has to be first made out against the MP by the Speaker who can make a ruling to send the MP to the PC. If he does not want to make a ruling, the parliament can vote on the matter.
Even if an MP makes comments outside of parliament, in which he or she lied or attacks the President or Speaker or PM, or makes references to business of parliament that are not accurate, the MP can be sanctioned by the Privileges Committee or the Speaker.
My research reveals that MPs in Trinidad, Antigua, Grenada, Jamaica, etc., have been sanctioned by parliament and/or the Speaker. The current PM in Trinidad was taken before the Speaker when she was Opposition Leader for making comments about the PM and the President. She apologized and was not taken before the PC.
Basdeo Panday was taken before the PC and suspended from parliament for a year. Chandresh Sharma, when he was an Opposition MP, was suspended by the PC as was Patrick Manning, who was suspended last year.
Minister Rohee has not violated any norm of parliament in his speeches or been accused of violating any such rules. Thus, according to the Senior Counsel I spoke with, Speaker Trotman erred in sending the Minister to the PC despite not committing any offence against any member of parliament or the House itself.
Saying the MP is a Minister and his conduct as a Minister is under question does not wash – not the same as violating House rules. The opposition failed in its effort to sanction Rohee over the Linden shooting. They were convinced they had the hard evidence to nail Rohee for giving orders to shoot at Linden. Their own witnesses and evidence cleared Rohee. Now, they want to silence him in parliament, but lack a strong case and can’t drown him out much longer. So they plan to send him to the Privileges Committee to address a Ministerial matter – a violation of parliamentary norm – in order to quiet him. This is likely to trigger a snap poll that will hurt the opposition more than the government.
Rohee did not violate any rules in the National Assembly or make comments offensive to the Speaker or any colleague outside of parliament. One has to be accused of committing an offence in order to be sent to the Privileges Committee. Speaker Trotman’s ruling is unprecedented in the Commonwealth. It will be the subject of conversation for years to come. The opposition is simply looking to settle old political scores.
In several parliaments, MPs are known to have drowned out speakers with their shouting or unruly behaviour or disturb proceedings of the House like rushing to the well of the Parliament and screaming. But one cannot prevent an MP from speaking, unless he or she breaks a rule.
In India, for example, MPs have disturbed the proceeding of the Lok Sabha for the last several sessions, preventing the conduct of business. The Speaker can expel them from the proceedings. But the Speaker Meira Kumar chose not to sanction any member fearing the consequences. Instead, she adjourned the House after every disturbance. For five days in a row, the opposition has been disrupting the House unless their demand has been addressed to have a vote on a debate on foreign investment. The government is capitulating.
The Guyana Opposition can continue to disrupt parliament when Rohee speaks. That should be tolerated. But it will be up to the Speaker to discipline those who disrupt the House. So far, there has not been a clear cut prima facie case made out against Rohee on any of the complaints raised by the opposition. I have numerous complaints against Rohee, but the opposition has not thought of any of them as yet.
Vishnu Bisram

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