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PPP will seek legal recourse to prevent PM from sitting in National Assembly
Opposition Chief Whip, Gail Teixeira, has said that the People’s Progressive Party (PPP) will be seeking legal recourse to prevent Prime Minister Moses Nagamootoo from sitting in the National Assembly while he acts as President of Guyana.
This comes after Speaker of the House, Dr. Barton Scotland, responded to her (Teixeira’s) letter concerning Nagamootoo’s service in the Assembly during Budget 2019 debates, indicating that he will not rule on the matter, but has proposed the transmission of the matter to the Clerk of the Parliamentary Standing Committee on Constitutional Reform.
The Speaker, in his response, quoted Article 119A of the Constitution, stating that the Parliamentary Standing Committee on Constitutional Reform is meant for the “purpose of continually reviewing the effectiveness of the working of the Constitution” – “with proposals for reform as necessary.”
Scotland said that according to that article of the constitution, a provision has been made for the committee “to co-opt experts or enlist the aid of other persons of appropriate expertise, whether or not such experts or other persons are members of the National Assembly.”
Addressing Teixeira’s mention of former Prime Minister Samuel Hinds, who Teixeira said did not sit in the House while serving as President, the Speaker said there appears to be no record that makes clear the reason for the conduct of that Prime Minister.
Opposition Chief Whip, Gail Teixeira
He opted not to make a declaration on the issue, and explained to the National Assembly that his reading on the matter does not incline him “to the conviction that unilateral action in this matter by the Speaker or by any other Third Party instrumentally will lead to a final and permanent resolution.”
The Speaker of the House rebuked the prospect of transferring the matter to the purview of the Judiciary, saying, “the concept of Winners and Losers is not one to be embraced here for a permanent solution to this very important issue.”
Explaining the PPP’s position after Dr. Scotland’s statement, Teixeira said that the Speaker was asked to uphold the constitution, “The constitution is very clear that, when the president is overseas, he will appoint the minister in writing to carry out the functions of the office of the President.”
She said that the law also states that, when this appointment occurs, a seat in parliament will be regarded as vacant.
“The language is clear and unambiguous. The speaker was asked to uphold the constitution. He wasn’t asked for a ruling.”
She said that, since the Speaker is not in agreement that the matter should go to the court, he believes this is a resolution matter.
“But it’s not a resolution matter. It’s a matter of [upholding] constitution. His decision to refer the matter to the parliamentary standing committee is a no-go.”
She said that the purpose of that committee is not to interpret the constitution, but to make recommendations to the house on reforms to the constitution.
“They are not a body to interpret; it’s the court that interprets the Constitution. I expected that the Speaker of the National Assembly of Guyana would uphold our Constitution.”
She explained that the Prime Minister is in a position where Bills brought before him, give him the power to vote on a Bill in parliament, then have the Bill come to him shortly after for signing, and that this is in contravention of the constitutional requirement for the separation of the powers of the executive and the legislative.
She said that the Speaker is “behaving like Pontius Pilate”; that the Speaker is “washing his hands and passing Jesus on.”
“I thought that he would have at least had the courage and the fortitude to stand up and uphold the Constitution of Guyana.”
In a statement, Member of the Opposition, Anil Nandlall said that, “Rather than address the issue, the Speaker vacillated for three long pages.”
Nandlall condemned what he believes to be a precedent set by the Speaker for the disregard of the laws of Guyana. His statement read that, “The end result is the Head of the premiere law-making institution of this country refuses to uphold and, in fact, contributes to violation of the most superior of our laws, the Constitution.”
He further asked, “How can the public have respect for our Parliament, the Speaker and the laws of this land, when the makers of the law are treating the supreme law with such contemptuous disregard?”
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