The government plans to roll out a public education programme before implementing new road traffic laws which cater for breathalyzer tests and a ban on the use of mobile phones while driving among other things.
Although Parliament passed three new laws in July, President Bharrat Jagdeo has withheld his assent to the laws until an awareness campaign has been run to educate the public on the laws. Previously, the President had withheld his assent on a number of bills without giving a reason, in breach of the constitution.
Stabroek News understands that the situation was rectified after the President assented to the remaining bills that were passed before the end of the last parliamentary session in mid-August.
The new road traffic laws will set alcohol level limits and legalize the use of breathalyzer tests (the Evidence and Motor Vehicles and Road Traffic (Amendment) 2008), ban drivers from using mobile phones while behind the wheel (the Motor Vehicles and Road Traffic (Amendment) Bill 2008) and see a ban on music in hire cars and minibuses used for public transport (the Summary Jurisdiction (Offences) (Amendment) Bill 2008).
Attempts were made to contact Home Affairs Mini-ster Clement Rohee for more details on the public education programme, including a timeline for implementation, but these were unsuccessful.
Meanwhile, with the resumption of parliamentary sittings, how the President treats laws passed in the House will come into sharp focus. In the past, the President has been criticized for his delay in giving assent to bills.
Presidential Advisor on Governance Gail Teixeira has argued that there is no provision in the constitution that explicitly sets a time limit for the President to give assent, although senior legal authorities have urged that representatives of the parliament meet with the President in order to ensure the timely assent of bills.
President Jagdeo’s withholding of assent was highlighted in the 2005 needs assessment of the Parliament conducted by Sir Michael Davies, who was engaged by the Commonwealth Secretariat. Sir Michael called it a negation of parliamentary government for the stated will of the legislature to be delayed and urged that a decision be made once the bill is presented to the house.
The constitution stipulates that the President can either give or refuse assent to a bill sent after being passed in the National Assembly. Article 170 states that the President shall signify that he assents or withholds assent, in which case the bill is sent back to the House for the members to reconsider it. He is required to return the bill to the Speaker within 21 days of the date when it was presented to him with a message stating his reasons for not giving his assent. The constitution provides that when a bill is returned in this manner, it shall not be presented to the President for assent unless within six months a two-thirds majority of elected members resolves that it should be given assent. The President must then assent to the bill within 90 days after receiving it for the second time.
