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Bill on parliamentary clerk’s autonomy sent to select committee

Dec 19, 2012 News

 

 

The Special Select Parliamentary Committee will examine a Bill presented by opposition Member of Parliament (MP) A Partnership for National Unity’s Volda Lawrence that calls for the independence of the office of Clerk of the National Assembly. That decision was made despite an objection by Attorney General and Minister of Legal Affairs Anil Nandlall, who said that the provisions called for in the Bill violate the constitution.
Speaker of the National Assembly, Raphael Trotman, recognised concerns put forward by Attorney General but ruled that the Committee “would decide what to weed out of the  Bill and bring to the House a piece of legislation that will do us all proud”.
However, Nandlall asserted that “the bill is incapable of correction.”
Both Trotman and AFC leader Khemraj Ramjattan argued that the government has a responsibility to provide legal advice to all members of the House in drafting legislation.
Trotman, in his written response, “for the benefit of all members of the National Assembly” noted that “in raising constitutional points against a Member’s Bill, the Hon. Attorney General and Minister of Legal Affairs, has his entire chambers behind him. We in the Parliament Office and chamber lack those competencies”.
Nandlall opined that the bill is unnecessary as the opposition did not identify the problem as it relates to the current function of the Clerk’s Office “but want to pass a law that will create a new regime.” He said that the first rule in law-making is to examine whether the law is needed and “the government doesn’t see the need”.
The Bill, if approved by the committee, will give the Clerk of the National Assembly the title of employer of all staffers attached to parliament. However, Nandlall’s major concern is that the Bill will take some of the constitutional powers given to the President and grant them to the Speaker of the House. One such is that the Speaker would be able to appoint a Clerk.
Nandlall noted that the Bill violates article 57 of the Constitution and therefore should not be considered to become law.

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