-administration would be able to pick all members of key commission
Following criticism by the opposition, the government yesterday tabled two more bills in Parliament for local government reforms and the one catering for the establishment of the local government commission would enable the PPP/C administration to pick all six members.
The government yesterday signalled that it would seek to ensure all agreed legislative reforms are in place before the holding of local government polls later in the year.
Cabinet Secretary Dr Roger Luncheon announced that all reform legislation that was previously under consideration by the Local Government Reform Task Force would be tabled in the National Assembly for review and he assured that the Bharrat Jagdeo administration would “pursue consensus at all levels” to secure enactment before the parliamentary recess.
Local Government Minister Kellawan Lall later tabled the Local Government Commission Bill 2009 and the Local Government (Amendment) Bill 2009, which were both referred to a special select committee after first reading. The former seeks to establish the Local Government Commission, as provided for by Article 78A during the constitutional reform process to regulate local government organs. Meanwhile, the Local Government (Amendment) Bill 2009 is intended to include Neighbourhood Democratic Councils in the local government system for all purposes.
The bills would be reviewed by the select committee that is responsible for reviewing the Local Authorities (Elections) (Amendment) Bill, which was tabled last week. Lall told the National Assembly that two other bills-which should include the Fiscal Transfers Bill 2009 and the Municipal and District Councils (Amendment) Bill 2009–would be tabled at the next sitting of the Assembly. The Fiscal Transfers Bill is crucial as it deals with the allocation of monies to the local government organs.
The tabling of the bills follows concerns raised this week by the parliamentary opposition parties, PNCR-1G, GAP/ROAR and the AFC, which called on government to table the entire suite of legislation in keeping with its prior commitment to the local government reform process. Two of the parties, the main opposition PNCR-1G and GAP/ROAR wrote Prime Minister Sam Hinds on Monday urging the tabling of all the bills for consensus and implementation before polls are run off.
“The administration’s intention is not to have this very important parliamentary exercise be anything but one of consensus,” Luncheon, however, told reporters at a news conference at the Office of the President yesterday morning. “We will pursue consensus at all levels, including parliament, consensus on local government reform and specifically local government elections,” he added.
Luncheon, however, added that the bills would be tabled and sent to a select committee on the assumption that the process would not contribute to “undue delay” and that it would be possible to secure enactment before the parliamentary recess, which he dubbed “the drop dead date.” In this context, he said it was hoped that the parliamentary parties would uphold their commitment by working together with the administration to meet the deadline, which would allow the Guyana Elections Commission (GECOM) to run off polls before the end of the year.
The Local Government Commission would supersede the Local Government Service Commission as provided for by the Municipal and District Council Act, Chapter 28:01, according to the explanatory memorandum for the Local Government Commission Bill 2009. The Constitution provides that the Commission should have the power to deal with all matters relating to the regulations of local government organs.
The bill proposes that the Commission have six members; three to be appointed by the President, in accordance with his own deliberate judgement; two to be appointed by the President after he has consulted with the Opposition Leader; and one other member appointed by the Local Government Minister after he has consulted with local democratic organs. This formula is unlikely to please the opposition as it would give the government a complete lock on all matters before the local government commission. All appointments should be made from among persons of unquestioned integrity and with extensive knowledge, where practicable, in local government matters, administration, finance, Amerindian affairs, industry or law, according to the bill. However, it adds, a local government officer who holds any position in the government service would not qualify for membership.
Last week PNCR MP Basil Williams said the Local Government Commission Bill would be a “watershed” in the development of local government in Guyana, since it would establish an independent body that would look after the management and functioning of the various local government organs. He noted the government refused to discuss the Bill at the level of the Task Force and warned that should it go to the parliament and be passed as originally proposed, it could see the government wielding “complete control” over the Commission. He also raised concern about other provisions for the membership that could derail the Commission, since with at least four appointments the government could conceivably prevent its functioning by withdrawing its members. “The bill, as it is, is unsatisfactory,” Williams said.
According to Clause 13 of the bill, the Commission would have the power to monitor and review the performance and implementation of policies of all local government organs, including policies of taxation and environmental protection; make recommendations on policies, procedures and practices of all local government organs in order to promote effective local governance; investigate any matter under its purview and propose remedial action to the Minister; monitor and review all existing and proposed legislation, policies and measures relating to local government organs and report the need for any amendment to any legislation to the Minister; and examine and propose ways of enhancing the capacity of local government organs.
If the bill is passed in its present state, the Commission would also be tasked with matters relating to staffing local government organs and oversee employment, transfer, discipline and dismissal of staff; and remuneration, superannuation, training, leave and promotion of staff. It would also be tasked with hearing appeals by employees dismissed by any local government organ and hear and determine disputes arising within an organ or between two organs.
Clause 14 of the bill makes provision for the Commission to initiate and conduct investigations into the activities of any local government organ, and it would be vested with the power to summon witnesses and all the privileges and immunities enjoyed by a commission appointed under the Commission of Inquiry Act.
Further, Clause 16 immunises the “Chairperson, Deputy Chairperson or any member, officer or employee of the Commission from any no action, suit, prosecution or other proceedings brought or instituted personally against them for any act done in good faith in execution of powers under the Act.
The Commission would also be able to determine its own budget for inclusion in the state’s annual budget, presented in the National Assembly, according to Clause 24. Also, the Commission’s funds and resources shall include funds provided under the consolidated fund, any investment of the Commission and loan funds.
Clause 25 seeks to prescribe the form in which the accounts of local government organs shall be kept, while Clause 26 provides that such organs shall render to the Commission uniform accounts of all businesses that they may transact. Every local government organ would have a duty to cooperate with the Commission, according to Clause 27, and it would be an offence to obstruct or hinder any member or employee of the Commission in the performance of their duties, Clause 31 says. Clause 32 provides for appeal to the High Court against decisions made by the Commission.
