Latest update February 23rd, 2025 1:40 PM
Jan 22, 2013 News
– Dr Vindhya Persaud replaces Rohee
The first meeting of the Parliamentary Privileges Committee set up to determine if the National Assembly has the power to prevent a member from speaking came to an abrupt end yesterday to allow for court proceedings to be completed.
The committee was set up by Speaker Raphael Trotman given persistent calls by the Opposition for Minister of Home Affairs Clement Rohee to step down as Minister and be barred from speaking in the House.
But at the first meeting yesterday, committee members engaged in a lot of back and forth about how to proceed given pending court battles on Rohee. As a result Trotman was left with no other option than to call off the meeting to await clarifications.
Kaieteur News understands that the opposition alliance APNU and the government both agreed that there was no basis for a meeting at this time since the matter is before the courts.
The opposition-controlled National Assembly has voted that it has no-confidence in Minister Rohee and on this basis Opposition Leader David Granger has brought another motion seeking to have Rohee banned from speaking in the House.
However, Chief Justice (ag) Ian Chang recently ruled that the National Assembly has no right to prevent any member from speaking in the House. Chang stayed clear of ruling on whether Rohee could speak as Minister of the Government.
The Speaker has said that he plans to seek clarification on the ruling and for the Court of Appeal to decide once and for all whether the courts can meddle in the business of the National Assembly and in fact dictate what should happen in Parliament Chambers. The Attorney General plans to file a counter-appeal.
Given the resort to the courts therefore, Attorney General Anil Nandlall had written to the Clerk asking for the meeting of the Committee to be “aborted permanently” or be “adjourned indefinitely.”
Nandlall wanted just for the Committee of Selection to meet and elect a new member after Minister Rohee resigned from the Committee.
The Committee of Selection did meet and the government named Dr Vindhya Persaud to replace Minister Rohee.
Shortly after, Persaud showed up for the meeting that Nandlall was trying to put off.
The Speaker had ruled that since the Committee of Privileges was going to meet and decide on the matter, Rohee would not be allowed to introduce new laws in the House.
That ruling did not mean that Rohee could not speak on any matter if he wished to. In fact, Rohee retained his right to vote in the House and did so on several occasions after the ruling. So his rights as a Parliamentarian were not taken away.
The Committee of Privileges has been set up to determine what, if any, are the powers of the National Assembly to sanction a Member of Parliament, who is a Minister appointed by the President, for failing to resign following the adoption of a Motion of No-Confidence in him.
If the Committee does conclude that the National Assembly can sanction a member, it would then have to determine what sanctions including, preventing the Minister from speaking, are available to the National Assembly.
The Opposition Leader is arguing that while the constitution allows any member of the Assembly to introduce laws or propose motions for debate, the constitution also provides for the National Assembly to regulate its own procedure and may make rules for that purpose.
On July 30, last year, the National Assembly passed a motion of No Confidence in Rohee and called for his immediate removal and dismissal from office.
Standing Order No. 47 Rule 10 of the Standing Orders of the National Assembly provides that “Nothing in this Standing Order shall be taken to deprive the Assembly of the power of proceeding against any Member according to any Resolution of the Assembly.”
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