Latest update November 8th, 2024 1:00 AM
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National Assembly clears way for comprehensive law reform
The way has been cleared for the Laws of Guyana to be reviewed. This will be done through the work of a Law
Attorney General,
Basil Williams
Reform Commission that is to be set up.
At the last sitting of the National Assembly, the government passed the Law Reform Commission Bill 2015.
The Bill, according to the explanatory memorandum, “Seeks to establish a Law Reform Commission to undertake the reform and development of all the laws applicable to Guyana.”
The Bill which was piloted by Attorney General and Minister of Legal Affairs, Basil Williams, attracted much debate. It did not receive support from the parliamentary opposition.
Williams told the House that the Bill fulfills another promise made by his government, which is to ensure law reform.
He described the piece of legislation as a simple one that should not be made controversial.
The Attorney General said, however, that the Bill, while simple, is critical as it seeks to update laws and make them modern which is in keeping with international best practices.
He said that this Bill is long overdue. In this regard, Williams pointed to the fact that his former colleague, the late Deborah Backer had taken a Motion to the National Assembly back in March 2008.
Williams reminded the House that that Motion was thrown out then as the People’s Progressive Party Civic, which now occupies the benches on the opposition side, was in government enjoying a parliamentary majority.
He said that the fact that the essence of that Motion has been reflected in the Bill at hand, shows a genuine and sustained interest in law reform.
Williams told the House that there should be no opposition to the establishment of a law reform commission as it is what Guyana needs.
Members of the Opposition, including Priya Manickchand and Anil Nandlall, commended Williams for taking the Bill to the National Assembly. However, they condemned the form in which it was taken.
The main concern reflected in the arguments of those who spoke on behalf of the opposition, was that the Bill does not allow for the independence of the commission.
Opposition spokesman on Legal matters, Anil Nandlall
The opposition condemned the fact that the Bill directs the President, in consultation with the Attorney General, to appoint members of the commission.
Instead of such appointments, the PPP through Nandlall recommended that nominees for commissioners should be made by the Association of Legal professionals, University of Guyana, Private Sector Commission, the religious community, the labour unions, Human Rights group and the political opposition.
Nandlall said that since 1950 there has been allowance for the participatory democracy and the inclusion of representatives from stakeholder organization.
Williams and the rest of Members of Parliament sitting on the government’s side did not find these arguments compelling and so did not move to amend those sections.
However, the Bill was amended. Williams had his own amendments which did not include any of the contributions made by opposition members.
The Bill was examined clause by clause in committee stage before passage in the National Assembly.
When the vote was called, the PPP voted against the Bill as well as against the amendments proposed by Williams. But the one seat majority allowed for the safe passage of the Bill.
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