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Speaker awaits word from PM on “unconstitutional” Bill
Prime Minister Samuel Hinds is yet to respond to Speaker of the National Assembly, Raphael Trotman, as to whether Government plans to refer the Local Government Amendment Bill – which the President deemed unconstitutional – to the National Assembly.
During an interview with this publication yesterday at Parliament Building, Trotman said, “I have since written to the Prime Minister, who is the leader of Government’s business (in the National Assembly) to find out whether or not Government wishes to have the Bill referred to the National Assembly for it to be considered.”
Speaker of the National Assembly, Raphael Trotman
The National Assembly passed four Local Government Bills in August last. In November, after being lodged for several weeks at the Attorney General Chambers, three of the four Local Government Elections Bills were assented to by President Donald Ramotar.
The President did not assent to the Local Government (Amendment) Bill. The Bills enacted were the Fiscal Transfers Act, the Municipal and District Councils (Amendment) Act, and the Local Government Commission Act.
The Local Government (Amendment) Bill stirred a lot of controversy on the floor of the House at the time of its enactment.
According to the Speaker, when the Bill was being debated in the House, Government did touch and highlight some of its concerns about some of these things.
“But because of our constitutional framework when you have a President who is not a member of the National Assembly, and you have a Government, even though he is a member of Government, it is still his constitutional right – whether he was right to do or not that is a different matter – to object and give reasons, even though members of his Cabinet supported it,” Trotman noted.
He said the constitution provides that the Bill could be sent back to the National Assembly after six months if two-thirds of the House agrees. He explained that this would allow Members of Parliament to decide whether the Bill would be sent to a committee.
“From what I read in the objections there was not an objection of the entire Bill, but certain aspects…But maybe it could be sent back to a committee to reconsider those individual aspects the President had an objection to,” he added.
Trotman said the objections had to do with the powers of the Minister of Local Government and Regional Development in particular. He explained that it was felt that the powers of the Minister were being diluted or taken away.
In addition, there were concerns that some districts in several Administrative Regions did not have Neighbourhood Democratic Councils and powers were being extended in those areas where it was impossible to be exercised.
“I personally don’t think there is anything so grave that it should break the back of the legislation to the point that we cannot have it…I believe every issue could be negotiated and compromise could be found,” he said.
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