The Speaker and freedom to speak in the House

Nov 21, 2016 Letters

Dear Editor;
Editor’s note; this concludes Mr. Nandlall’s missive carried in our pages yesterday
During the course of my presentation in Parliament, I made reference to a newspaper article, which quoted Minister Ronald Bulkan as saying that the Government settled the Haagbosch dumpsite issue with the contractor BK International INC. by paying the contractor 5.7 million USD on a mere letter threatening litigation. Minister Bulkan objected to the statement. I reiterated that I read it in the Kaieteur Newspapers. At this juncture, I must emphasize that I did not read nor quote from the newspaper but merely referred to an article, carried in the Newspaper. The difference is significant. The Speaker requested that I produce the newspaper, instantly. I informed the Speaker that I did not have the newspaper with me but I could produce it if I was permitted an hour to do so.
The Speaker refused to grant me that request, though ministers of the Government are invariably granted several weeks to produce documents. The Speaker ordered: either, I produce the newspaper or withdraw the statement. I refused to withdraw the statement. The Speaker next ruled that either, I withdraw my statement or take my seat. In compliance, I chose to take my seat. The rest is history. I now wish to examine what obligation, if any, a member has, to produce any article, book, journal or written material to which he refers, in his speech in the National Assembly.
I have examined the Standing Orders and I can find none which authorizes the Speaker to demand from any member the production of any article, book journal or written material to which that member refers in the course of his presentation in the House. Neither have I found any Standing Order which obliges a member to provide a copy of any document to which that member refers in the course of that presentation. I also consulted the texts, Parliament, Powers Functions and Privileges (India), by Dr. KS Chauhan; Griffith & Ryle, Parliament, Functions, Practice and Procedures.(UK) 2003; and Erskine May Parliamentary Practice. (2004). 23rd edition, and I found no learning which suggests that a member, who is not a Minister, has an obligation to produce documents to which he refers(but not read or quote from) in speeches in the House. I submit that this position would obtain, a fortiorari, if the member indicates that he is referring to a newspaper enjoying daily circulation in this country.
However, an obligation to produce documents to the House seems to devolve upon a Minister, if that Minister reads or quotes from those documents in his presentation. In Erskine May (ibid). pg. 441, the following seminal passage appears: “A minister of the Crown may not read or quote from a dispatch or other State paper not before the House, unless he is prepared to lay it upon the Table. Similarly, it has been accepted that a document which has been cited by a Minister ought to be laid upon the Table of the House, if it can be done without injury to the public interest.”
On the other hand at page 443 of the same text, the learned authors make the following crucial observations in relation to members who are not ministers: “There is no rule to prevent Members not connected with the government from citing documents in their possession, both public and private, which are not before the House, even though the House will not be able to form a correct judgment from partial extracts.” Therefore, while speaking in the National Assembly, I am free to refer to any document without having to produce same. In a forthcoming letter I will address the sub judice rule and its application in the National Assembly.
Mohabir Anil Nandlall

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