The motion moved by PNCR-1G MP Deborah Backer said that the commission’s mandate would keep under continuous review all the laws of Guyana with a view to systematic development and reform, including the modification of any branch of the law; the elimination of anomalies; the repeal of obsolete and unnecessary enactments; the reduction of the number of separate enactments; and generally the modernisation of the laws.
Such a commission, the motion said, would also receive and consider suggestions for the reform of the law which may be forwarded to it by ministers of the government; public officials; association of lawyers and members of the public. It would also obtain such information with regard to the laws and legal systems of other countries, as in the opinion of the Common-wealth, which is likely to facilitate the effective performance of any of its functions; and make recommendations to the Ministry of Legal Affairs for the modification, repeal and generally for the modernization of the laws of Guyana.
Noting that the then British Guiana legislature enacted hundreds of pieces of legislation which have remained in force over a hundred years, and the Parliament of Guyana has done likewise since Guyana gained political independence, Backer said that there was need for a systematic review of all the Acts of parliament together with subsidiary legislation to ensure they are updated, amended and repealed where necessary.
Among those still in use, she noted, was the Registration of Births and Deaths Act of 1868, and the Matrimonial Act of December 30, 1916 which is still in force and which makes it difficult for persons seeking to end marriages since the provision states that the main reasons for divorce must be adultery, cruelty, and malicious desertion. She said that even when the couple is separated for many years and would want to go their own ways amicably, lawyers fumble to see where they could make a case for divorce.
Law reform and
law revision
Though there was provision for law revision and the establishment of a law revision committee, she noted that there were differences between law reform and law revision.
Law reform is described as the process of examining existing laws, and advocating and implementing changes in a legal system, usually with the aim of enhancing justice or efficiency, whereas the process of law revision involves ongoing review and revision to antiquated, unconstitutional and inequitable laws.
Backer noted that law reform was done primarily by the Attorney General’s Chambers which she argued was done on a piecemeal basis and was more reactive in nature, giving the examples of the Trafficking in Persons Act to deal with the pressure brought on by the United States in relation to this issue a few years ago; as well as the reform of the Criminal Offences Act to deal with the issue of raising the age of consent when a city businessman was found cohabiting with a minor.
With a law reform commission, she said that ordinary citizens would be given the opportunity to make recommendations through public hearings as well as through written submissions.
She noted that a number of developing countries, including Trinidad and Tobago, Belize, the British Virgin Islands, India, Bangladesh and Uganda have moved in this direction either through an Act of parliament or as a constitutional mechanism.
Attorney General Doodnauth Singh said that laws were systematically reviewed and there were statutory changes being made to suit current circumstances.
Keeping pace
Even though Guyana never had a law reform commission, Singh said that this does not mean that Guyana has not kept pace with law reform. He noted that since independence Guyana had constitutional reform in 1980 and again in 2003.
He noted that 119 (A) of the constitution makes provision for the National Assembly to establish a parliamentary standing committee for constitutional reform for the purpose of continually reviewing the effectiveness of the working of the constitution and making periodic reports to the Assembly with proposals for reform as necessary.
Guyana’s parliament, he noted, has kept pace with modern trends with reforms, and enacting laws in relation to elections, the environment, fisheries, health, labour, money laundering, drug trafficking, and consumer protection, among other areas.
He noted that the Law Revision Act also makes provision for the establishment of a parliamentary law revision committee which would take care of miscellaneous laws, amendments, repeals and validation.
Noting the high cost for technical and legal research among expertise that would be required for a law reform commission, Singh said that at present the emphasis was on a comprehensive law revision. “There is no urgent need for (a) law revision (mechanism) other than the one that exists,” he said.
Cost factor
Also making contributions were AFC MP Khemraj Ramjattan and PNCR-1G MP Clarissa Riehl, who both said they held the Attorney General in high esteem but they could not understand his reasoning why there should be no law reform commission and that cost should not be seen as a factor for not trying to move from Third World status to a higher tier.
Ramjattan said that he could only assume that the government would not want a law reform commission because it would want to hold on to “executive discretion” which stifled democracy.
Riehl said that based on a survey she had conducted, members of the bar, law students and even judges were of the opinion that law reform was needed since they were struggling to work with obsolete laws.
Responding to PPP/C MP Anil Nandlall who said that the PNCR-1G could not bring a motion calling on the government to establish a law reform commission since there were no constitutional provisions or Act of parliament to ensure this happens, Backer said that Nandlall missed the meaning and spirit of law reform since as a legislator he should be aware that parliament has the power to ensure both constitutional reform and enactment of laws.
She quoted 65 (1) of the constitution which said that subject to the provisions of this constitution, parliament may make laws for the peace, order and good government of Guyana.
