| Speaker tolerates opposition’s lawlessness in Parliament : -Legal experts advised minister should be allowed to speak uninterrupted |  |  |  |
| Written by Nadine Sanchara and Kriseana Ramrekha |
| Thursday, 08 November 2012 21:07 |
PULL QUOTE: ‘The Speaker of the National Assembly of Guyana, I so rule, has no power to restrict or deny the right of the Honourable Clement J. Rohee, Member of Parliament from speaking or fulfilling his ministerial duties and responsibilities in so far as they relate to this House of Assembly.’  Government’s Chief Whip, Ms. Gail Teixeira, along with Home Affairs Minister, Mr. Clement Rohee and other government ministers at the press conference after Parliament was adjourned yesterday (Adrian Narine photos) The lawless display by the opposition was similar to the one at the previous sitting of the National Assembly which also resulted in the adjourning of the House. The minister was scheduled to move the second reading of the Firearms Bill; however, he was prevented from speaking due to opposition members chanting loudly “Rohee must go.” However, Trotman had declared prior to Rohee rising to speak that the minister should be allowed to proceed uninterrupted. He noted that this decision was made based on legal advice he received from Attorneys-at-Law, Rex McKay and Stephen Fraser and also Ms. Ulele Burnham of the United Kingdom Bar. Trotman explained that he had to resort to seeking legal advice because on the first occasion when the bill was introduced in parliament, the House went in an uproar regarding the ability of Rohee to perform the duties of Minister of Home Affairs, and some members believed that he should not be allowed to speak. Nevertheless, Trotman stated that he must find that in the absence of a specific resolution in the House that specifically sanctions a member and directs that he be restrained from speaking in any one or more of his capacities, it is by law and duty bound that the minister must be allowed to speak. “The Speaker of the National Assembly of Guyana, I so rule, has no power to restrict or deny the right of the Honourable Clement J. Rohee, Member of Parliament from speaking or fulfilling his ministerial duties and responsibilities in so far as they relate to this house of assembly,” he stated. However, as soon as Rohee rose to speak, the chanting from the opposition began so loudly that no one could have heard anything he had to say. Even after the Speaker made several appeals for order in the House, they were not deterred. Trotman then called a short recess during which he spoke to the government’s and the opposition’s Chief Whips. Upon returning, he reiterated that his ruling should be respected and adhered to.  Home Affairs Minister, Mr. Clement Rohee attempting to present the Second reading of the firearms (Amendment) Bill 2012 yesterday at parliament The Speaker was then forced to invoke Standing Order 47:9 which states that in the case of grave disorder arising in the assembly the speaker may, if he thinks fit and necessary, decide to adjourn the assembly. He did not do so, though, before giving a warning which the opposition chose to blatantly ignore. Speaking at an impromptu press conference at the Parliament Building after the National Assembly’s adjournment, Prime Minister Samuel Hinds related that the government expected the speaker to have acted more strongly in his ruling. He said that, in their opinion, the members of the opposition who continued to interrupt and prevent the minister from carrying out his duty and prevented the meeting from continuing should have been ordered out of the Assembly by the Speaker. “They were clearly in breach and in contempt of his ruling and we believe that instead of adjourning the meeting altogether, he should have ordered them out. They should have been ordered out of the assembly so that we could have continued with the business of the government and the country,” he stated. Attorney General and Minister of Legal Affairs, Anil Nandlall, at the press conference noted that himself along with the government has been saying that even at the time when the no confidence motion was tabled, they maintained that there was no basis under the rules of the assembly or under the constitution for a no confidence motion to be brought against an individual minister.  Speaker of the National Assembly, Mr. Raphael Trotman during yesterday’s Parliamentary proceedings “He does not sit there based upon the confidence of the National Assembly and therefore there is no basis for them to pass a no confidence motion on him and if they proceed to pass the no confidence motion against him, it would be futile, it would be impotent,” he asserted. Nandlall reiterated that although this was the position of the government from the inception all their arguments were ignored and the no confidence motion was passed. According to him, the opposition members of the National Assembly defied the ruling of the Speaker under the standing orders. He advised that under the constitution the speaker presides over the National Assembly and is exclusively entitled to maintain order, noting that if the speaker makes a ruling, his ruling is conclusive and final on the matter on which he has ruled. “This is a Parliament that is violating the Constitution. It’s a National Assembly that is violating all norms and all democratic traditions and we are going down the path of anarchy and the opposition in the National Assembly of the country is taking us there by virtue of their one seat majority,” he stressed. In addition, he highlighted that the unnecessary debates on the no confidence motion has cost taxpayers of Guyana approximately $3.5 million over the two sittings, not including fees for the legal opinions paid to the two lawyers. Government’s Chief Whip, Ms. Gail Teixeira noted that the events that unfolded yesterday in parliament were not only an attack on Minister Rohee but also on the constitution and what it stands for, as well as an attack on the speaker himself. She further added that it was an attempt to create mayhem in the National Assembly. “Parliament is about privilege and the privilege to speak and to express one’s views within order, not in terms of chaos,” she pointed out. Teixeira reiterated that there has first been an attack on a Member of Parliament to speak and that all the issues that have been argued before, to do with the constitutional issues, and that a motion of parliament is not legally binding on the President or anyone else, adding that the two legal opinions given have clearly enunciated that. She noted that in refusing to allow the speaker to keep order, which is the number one job of a speaker in any parliament, the members of the opposition may now be attempting to overthrow him.  Leader of the opposition, Mr. David Granger (first from right) along with other members of the opposition speaking after parliament was adjourned yesterday “I believe that the Speaker chose the milder of the two options but that the Speaker has tremendous powers under Standing Order 47. He chose to do what he did and I believe that the opposition has showed utter disrespect for one of the highest fora in this country, the Parliament of Guyana,” she said. Also speaking at the press conference yesterday, Minister of Home Affairs, Clement Rohee said that he is humbled by the support of his colleagues in the National Assembly and that any decision with respect to his future in parliament or his capacity as Minister of Home Affairs rests with President Donald Ramotar. “I have made myself available to serve the people of Guyana without fear or favour, affection or emptiness, and that is precisely what I’m doing,” he stated. Rohee added that when it comes to his ability to function as Minister of Home Affairs, he doubts whether either leaders of opposition parties, A Partnership for National Unity (APNU) and Alliance For Change (AFC), David Granger and Khemraj Ramjattan respectively, are in a position to assess him. “They’re not members of the cabinet, they are not in the government and it’s only my colleagues who work and sit with me, who are in the best position to judge that and then at the end of every five years the people judge, not the APNU, not the AFC,” he stated strongly. He said he has been cleared of the right to speak and to function in the National Assembly and he’s also very optimistic that when the report of the Commission of Inquiry is published, he will again be cleared. Also speaking with members of the media after the adjournment of the National Assembly, Leader of the APNU, David Granger said that they are insisting, for reasons of public security in the country, that Minister Rohee be sanctioned. “We’re not concerned with one incident, a single incident; we’re concerned with a pattern of behaviour by the Minister of Home Affairs over a six year period,” he stated. He noted that in the speakers ruling, he points out there are still avenues open to the opposition and that they do plan to bring a motion to strengthen the resolution which they passed at the end of July. “We will continue to act in the interest of the public; we will continue to ensure that Mr. Clement Rohee is not allowed to speak to this house as Minister of Home Affairs,” Granger emphasized. He noted that his party realises that they do not have the authority to ensure the revocation of Minister Rohee’s appointment as only the President can do so. However, he stated that they realise that the minister is an elected official, but they believe that he is not competent to perform the functions of Minister of Home Affairs and they are determined to prevent him from doing so. |