PPP walks out on own Motion –but House clears income tax motion with amendments

IN what was seen as a historical move, the government last evening amended and voted in favour of an Opposition-proposed Motion seeking to have all Members of Parliament file annual income tax returns in compliance with the Income Tax Act.Not so historical, however, was the opposition’s walking out of the House en masse during the closing statement by Leader of Government Business, Prime Minister Moses Nagamootoo.

They however hastily returnedduring the voting process, but failed to make an impact after government used its majority to amend the motion. The Motion, which was filed by opposition MP, Bishop Juan Edghill, was passed, with amendments following a series of back-and-forth explanations between both sides of the House and the Speaker, Dr Barton Scotland. The amendments were made by the government in the name of Minister of Natural Resources, Raphael Trotman. The changes were applied to the two resolve clauses to the Motion, and the opposition, in attempting to withdraw the motion at the last minute, was prevented from doing so on the ruling of the Speaker, who applied the rules of the Standing Orders of the National Assembly.

The contentious resolve clause, brought originally by the opposition, reads:
“BE IT RESOLVED: That all Members of this National Assembly, in the interest of transparency and accountability in public office, make available to the public their tax returns to the Guyana Revenue Authority for the last 10 years, on or before December 31, 2015; and
“BE IT FURTHER RESOLVED: That this National Assembly urges the government to expeditiously table legislation to give effect to this motion.”

However, this was debated heavily by the government, with Prime Minister Moses Nagamootoo stating that there already exists legislation which addresses income tax returns and compliance with the Integrity Commission Act. He described the motion as one where “we are trying to close the gates after the horses have bolted.”
He told the House that the government would not accept the motion as tabled by Edghill, and had indicated from the outset that it was going to table amendments to the motion to “give it a genuine presentation.”

After a break in the session and lengthy debates, Trotman rose to move the amendments to the motion. Those amendments, which were made to replace the two revolve clauses, read:
“BE IT RESOLVED: That this National Assembly supports the enforcement of the requirement for all members of the National Assembly to file income tax returns, and to make annual declarations to the Integrity Commission; and
“BE IT FURTHER RESOLVED: That this National Assembly supports the work of the Government of Guyana in ensuring that the Integrity Commission is independent, efficient, respected and be able to ensure accountability of all public officials, including Members of Parliament.”
Trotman said that the motion, as tabled in its original format, was asking the House to break the rules regarding the submission of tax returns. “We are asked to comply with the Integrity Commission, and will do so,” he said, adding:

“The House is being asked break the law, and then in future pass the law to make that which is illegal, legal.”Contending that one cannot ask the highest law-making body in the land to legalise an illegal action, the former Speaker said that it was in the spirit of integrity and transparency that he moved to have the motion amended, “so that at the end of the day, this is not about who earns what by means of private practice, as a medical doctor or as a lawyer or as an accountant.” He then asked the House to support the amendments, and observe the laws of Guyana.

Opposition MP, Gail Teixiera said that Trotman’s amendments “de-gutted” the motion as proposed in its original format. She said that the motion seeks to make public the annual income tax returns of MPs to the GRA.She added that the Opposition was calling on the National Assembly to make this move a legislative measure.

As the back and forth continued over the motion in its amended state, Opposition Leader Bharrat Jagdeo rose to say that the essence of the motion presented by the opposition was changed with Trotman’s input. He opined that the words ‘tax return’ were preserved, and that “the amended suggestion is to get us to comply with laws that are already in existence.” He said that quite frankly, there was absolutely no need for a motion to ensure MPs comply with tax return laws.

Jagdeo stated that the opposition was attempting to ensure legislative changes initiated by the government and that it was aimed at making public the income tax returns of MPS since they are lawmakers and representatives of the people with a unique task. He said the opposition is seeking a public declaration of results.

As voting on the motion neared, Minister of Public Security Khemraj Ramjattan told the National Assembly that any member can make an amendment to the revolve clauses, even if it involves altering the motion. He accused the opposition of seeking “to say that they (government) could not amend the motion as presented.”
As the debate steamed on, Edghill sought to withdraw the motion. The Speaker said that this was possible providing that there was no dissenting voice. However, Trotman rose and indicated the dissenting voice, further adding complexity to the situation.

The Speaker then proposed that the two amended clauses form part of the motion. After another round of back-and-forth comments from both sides, the Speaker then put the motion to the floor, and it won the support of the government.

Later, the Speaker commented on the uniqueness of the situation, saying such an occurrence does not happen often here. He said that as far as he knew, it has occurred elsewhere, and sometimes it brought stunning effects.

During last evening’s debate on the motion, opposition MPs walked out of the National Assembly as the Prime Minister rose to speak after Edghill closed the debate. Nagamootoo said he stood to speak on behalf of the government, on the basis that he was in a position to respond to comments made by the Leader of the Opposition regarding his bank books and earnings. He accused Jagdeo of mentioning words which he did not utter. As he spoke, the opposition MPs exited the chambers.

Nagamootoo said that there are provisions in the laws of Guyana for declaration of income tax returns and declarations to the Integrity Commission. He said that there are also provisions for penalties for violations committed under those laws.

By Alva Solomon