Govt. threatens no-confidence motion against Joseph Harmon

Jul 09, 2021 News

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Kaieteur News – Less than 48 hours after he filed a no-confidence motion against two ministers of the People’s Progressive Party/Civic (PPP/C) Administration, Opposition Leader, Joseph Harmon, has himself become the subject of a similar no-confidence motion, which is to be filed on behalf of the Government.

According to the motion signed by Prime Minister, (ret’d) Brigadier Mark Phillips, on Wednesday, the House expressed its lack of confidence in the Leader of the Opposition for a number of reasons outlined and therefore, calls for his immediate resignation.
In the reasons outlined in the motion, inter alia, cites Harmon for his crucial and integral part of the process of undermining democracy. To this end, the motion outlined that Harmon continues repeatedly and consistently to misinform the public and the National Assembly, that the A Partnership for National Unity +Alliance For Change (APNU+AFC) Coalition had won the 2020 General and Regional Elections.

Further to his charge, the Government says that Harmon has continually engaged in the reckless peddling of misinformation as it relates to the efficacy of the COVID-19 vaccine.
“Whereas, the Leader of the Opposition has recklessly misinformed the public and the National Assembly with regards to the COVID -19 vaccine, its efficacy, and its acquisition by the Government, thereby endangering people’s lives and increasing vaccine hesitancy among the most vulnerable population,” the motion stated.Additionally, the ruling administration alleges in the motion that the Opposition Leader, opportunistically used the horrific murders of the Henry cousins from West Coast Berbice, as a means to incite ethnic disharmony.Harmon is also cited, for his alleged consistent denigration of the representative of the joinder parties, Lenox Shuman, the Deputy Speaker and legitimate member of the parliamentary opposition, and for even going so far as to deny him holding an opposition seat on any parliamentary committee.
The no-confidence motion against Harmon came one day after he presented similar motions of no-confidence against Minister of Health, Dr. Frank Anthony, and Minister of Home Affairs, Robeson Benn, to Clerk of the National Assembly, Sherlock Isaacs.
On Wednesday, President, Irfaan Ali, dismissed the two no-confidence motions, stating that the documents lacked effort and meaningfulness.
Since then, the PPP/C Administration has said that it stands ready to defend the performance of Dr. Anthony and Minister Benn in a parliamentary debate. Additionally, the government said it is confident that the motion will not succeed due to its one seat majority in the House.
This is not the first time a motion of no-confidence was filed against a sitting minister. In 2012 by way of a vote by the opposition majority, a motion of no-confidence to bar former Minister of Home Affairs, Clement Rohee, from speaking or participating in the affairs of the National Assembly was passed. The original motion was to remove Rohee from his ministerial portfolio but considering that, that could not be legally done; the decision was made by then Speaker, Raphael Trotman, to prevent Rohee from speaking in Parliament.
That decision later became the subject of a court case, filed by Attorney General, Anil Nandlall, and in a subsequent ruling, the late Chief Justice (Ag) Ian Chang, overturned the decision to gag the then Minister.
In his ruling, Chang noted among other things, that Parliament could not through any bill or motion be empowered to negate the powers of any member of the National Assembly. The CJ had further determined that whenever the Court’s jurisdiction is invoked on any issue, the Court’s decision is final and binding.
As a result, Trotman overturned his decision. In a ruling issued to the House on February of 2013, Trotman explained that in the exercise of his duty, he should not be interfered with, or fettered, by the Courts, but added, the National Assembly is respectful of, and grateful for, opinions and interpretations provided by the High Court
He explained that the issue that was to be considered is whether the House, acting through a majority, or unanimously, can impose sanctions on a Member, and if so, in what instances.
The former Speaker explained, “For the reasons, I am of the firm opinion that the National Assembly can only exercise a supervisory and disciplinary jurisdiction over a Member who has fallen into error of the Standing Orders, but such authority cannot carry over to the Ministerial portfolio of a Member; except as authorised by the Constitution. The decision to dismiss a Minister is solely that of the Executive President. Likewise, the decision of a Minister to resign is solely that of the individual Minister…”
As a consequence, Trotman noted that “the correct course of action to take, would be to allow the Hon. Minister, Clement Rohee, M.P., the right to participate fully and unhindered in the business of the National Assembly, both in his own right as an elected Member of Parliament, and as the individual designated by His Excellency the President, to be the Minister of Home Affairs.”
Following the issuance of the proposed no-confidence motion against Harmon, yesterday, APNU+AFC, Shadow Attorney General and Minister of Legal Affairs, Roysdale Forde, issued a statement claiming that the threat of a no-confidence motion against the Opposition Leader only serves to expose “the desperation of the beleaguered PPP to deflect attention away from the potent no-confidence motions filed against Frank Anthony and Robeson Benn, installed Ministers of Health and Home Affairs, who by their incompetence and inaction are placing the lives and security of our people at risk.”
Moreover, Forde said that the opposition Members of Parliament (MPs) has every confidence in the Leader of the Opposition.
“The PPP is not only desperate, but is also seeking to pervert the Constitution and inject into it that which it does not provide for. The Leader of the Opposition in accordance with Article 184 of the Constitution is elected by the non-governmental members of the National Assembly,” he added.
Further, Forde claimed that the Leader of the Opposition can only be removed by a majority of the non-governmental members of the National Assembly.
By definition, he said the Leader of the Opposition does not have to enjoy the support of the Government members of the National Assembly.
As such, the APNU+AFC MPs claims that “any attempt by the PPP to file a no-confidence motion against the Leader of the Opposition will be baseless, frivolous, unconstitutional, vexatious and an abuse of the National Assembly.”
Forde said further that the Speaker will have no basis to allow such a motion and will have no choice but to discard it.

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