Attorney General (AG) and Minister of Legal Affairs Anil Nandlall has commended Speaker of the National Assembly Raphael Trotman for rising above partisan politics, observing that by doing so, the Speaker gave effect to the express provisions in the Constitution.

Minister Nandlall made the comment during a television interview on the National Communications Network that focused on the Speaker’s ruling that Minister of Home Affairs Clement Rohee can speak in the National Assembly.

The Minister observed that Speaker Trotman, notwithstanding the fact that six months had elapsed, “during which time he bobbed and he weaved, he flipped and he flopped”, eventually made the right decision.

Minister Nandlall in reflecting on the rules governing Parliament and the National Assembly stated that while the Minister does not have an individual responsibility to that body, as a collective body, the entire Government owes a combined responsibility to the National Assembly. This, he reiterated, means that the National Assembly cannot impose a sanction on the Minister for assumed dereliction of his executive functions.

The Minister observed that the Chief Justice’s (CJ’s) ruling on the issue had vindicated the position taken by the Government. He noted also the manufactured confusion by the political Opposition on the CJ’s ruling which now coincides with that ruling and with Government’s position.

Attorney General and Minister of Legal Affairs

Minister Nandlall reviewed the imposition of disciplinary measures by the National Assembly which he explained is done by the Parliamentary Committee of Privileges. He stated that each Member of Parliament is endowed with a certain amount of privileges, and if any of those privileges are violated by a sitting Member in that position, within the precincts of the National Assembly, then the MP will be brought before the Committee to be sanctioned.

He emphasised that this disciplinary aspect of the Assembly is not activated “when a member of the Executive, in the opinion of the National Assembly, fails to perform or performs a particular function in his executive mandate, in a manner not becoming or sufficiently competent.”

When such an occasion occurs, Minister Nandlall said, the National Assembly has no jurisdiction or authority under the Constitution to impose any form of sanction against such non-performance of an executive function.

Minister Nandlall also pointed out that the Speaker was ‘absolutely correct’ when he deemed the steps taken by the Opposition as unconstitutional in their presentation of a no-confidence motion against Minister Rohee.

The AG also commented on the statement issued by A Partnership of National Unity (APNU) indicating that they did not accept the Speaker’s ruling, and that it was riddled with inaccuracies.

He said that taking into account the presentations made in the Assembly by the Opposition over the past year, “we have had a continuous number of instances, where the APNU along with the Alliance for Change (AFC), have passed Motions and Bills, which in one form or another, have either abrogated the Constitution in the form of Legislation, or in terms of Motions; they are calling upon the Government to take actions which would put the Government in collision with the Constitution.”

Minister Nandlall pointed to the fact that Government has repeatedly explained in detail, giving legal references where necessary, why those initiatives could not be supported. “We are careful not to convey the impression that we are opposed to every and anything which emanates from the other side,” he said. Government’s position was based on principles, he added.

“Notwithstanding that, and notwithstanding when the Speaker himself, expressed doubt about the propriety, unconstitutionality and illegality of some of the Motions and Bills, the Opposition in the Parliament, using their one-seat majority, passed all,” Minister Nandlall observed.

Pointing to the Budget cuts in 2012 and the subsequent Court Ruling that it was unconstitutional, he stated that this, along with the ‘gag-order’ against Minister Rohee shows “consistently, a very settled intentional policy of actions which are being taken by the Opposition which are all designed to violate the Constitution, the rule of law, the Standing Orders of Parliament, Parliamentary norms and practices…notwithstanding the court ruling…you have the Opposition saying that in 2013, they will cut the Budget again.”

This, he explained, is a very clear and settled proclivity by the Opposition to disregard everything, “things that we should look at to determine the type of mentality which informs this political grouping, it is one that is anti-democratic,” Minister Nandlall emphasised. He reiterated that they have maintained a continued disregard for laws, norms and conventions. This clearly indicates that they are autocratic in a similar fashion to the People’s National Congress Administration. “There is a consistency of political ideology which is being manifested in all these actions, the latest being the position of the APNU that they are not prepared to accept the ruling of the National Assembly,” he stated.

“They have no choice. The Speaker of the National Assembly’s ruling is binding …and here it is …the APNU taking this position that ‘we will disregard your ruling’,” the Minister lamented.

On the issue of the declaration by APNU that the Speaker’s ruling was premature, the Minister offered that this could have been made because the Speaker had originally said he would await the Court ruling on the issue before he made a decision and has now pre-empted that decision.

“That is the Speaker’s prerogative…to determine it whenever he feels fit. He doesn’t have to wait on the Court to pronounce…there is nothing in law which binds him to that position…he is in control of the National Assembly and he can rule whenever he sees it fit to do so,” the AG said.

In a surprising twist, the AFC which had shown consistent support for the issues raised by APNU regarding Minister Rohee, has now stated that they will support the Speaker’s ruling and will stick by it. “…the AFC has no choice, but to accept the Speaker’s ruling as binding and enforceable. The APNU’s position is simply inexplicable and autocratic,” the Minister declared pointing out that Guyana is not an autocratic state.

The question now arises on the forward movement of the National Assembly with a major player clearly stating that it will not abide by the Speaker’s ruling. This, Minister Nandlall observed, is a clear statement to the nation that APNU is not prepared to accept the authority of the National Assembly albeit it was the Opposition that elected that very Speaker.

With this conundrum being presented, “I am unclear as to how we are going to proceed forward with the nation’s business,” said the Minister. He pointed to the upcoming budget presentation which would allocate finance for the running of State. “It demonstrates to the nation and the world at large that…the second largest party in the National Assembly who has nominated that person to speak as Speaker…and because the Speaker has not ruled in the perverted manner that the APNU expected him to rule, you find that they are saying to the rest of the world that we are not prepared to abide by the ruling of that Speaker….the Speaker ruled and cited the Constitution…the bottom line is that you have the authoritarianism and the anti-democratic facets of the APNU overflowing and manifesting itself. They have shown contumacious disregard for the Court’s pronouncements. Now they are showing contumacious disregard for the Speaker’s pronouncements. This is a political grouping that doesn’t seem to want to abide by the laws of the country and the Constitution of the land. That is the unfortunate reality.”

Minister Nandlall stated that Government understands that it cannot force the Opposition to support Minister Rohee’s contribution to Parliament and they are free to disagree on that and to walk out of Parliament when he rises to make a presentation, “but they certainly cannot stop him from speaking.”

Unfortunately, at the end of the day Government will have to find ways to overcome the hurdles that will be presented against the management of the affairs of the State.