-method of picking members likely to displease opposition
In the absence of opposition MPs, the National Assembly yesterday passed the Local Government Commission Bill 2009 with a contentious clause that would in essence allow the administration to pick all six members of the Commission.
The opposition parties had objected to Clause 4 (1) of the Bill which states that the Commission shall have six members; three to be appointed by the President, in accordance with his own deliberate judgment; 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. No consensus was reached on this in a Special Select Committee, according to the Report.
Local Government Minister, Kellawan Lall in his presentation to the Assembly, however, sought to defend the clause. He asserted that there are significant differences between this Bill and the Municipal and District Council Act as it relates to the appointment of members. Reading from that Act, he noted that the Prime Minister can appoint members of the Commission without any consultations with anyone and also name the Chairman and Deputy Chairman of the body. “This is a movement away from that somewhat dictatorial kind of arrangement. This one, we believe, is far more democratic and is in keeping with the kind of procedure we’ve used in selecting or in making up constitutional commissions and statutory commissions like this one and so we are moving in this direction at the moment”, the Minister asserted.
The Bill had been sent to a Special Select Committee prior to second reading and PPP/C MP, Gail Teixeira noted that the original draft legislation had proposed that all the Commission members would have been appointed by the President. Through long negotiations between the parties, she said, it became 3, 2, 1 and in the Select Committee the opposition was not happy with this and proposed that half of the members would be appointed by the President while the remainder would be appointed by the opposition leader. The PNCR-1G also proposed that the Chairperson and Deputy Chairperson should be appointed by the President after consultation with the opposition leader and not have them elected by committee members as laid out in the original bill, she disclosed.
“The government in response, Mr. Speaker, … offered the following option, that was; the three members appointed by the president; one of the two designated for the opposition of that: one would be appointed by the leader of the opposition in his own deliberate judgment and one would be appointed by the leader of the opposition after consultation with the opposition parties” she said. The MP noted that the government kept to 3, 2, 1, with the appointment coming from the local government organs still present. “We insisted on that, that we did not want to change the numbers”, Teixeira declared.
She said that the PNCR-1G responded that three members should be appointed by the President, three by the leader of the opposition and one by the local government organs. According to Teixeira, the government had agreed that they were willing, if the opposition agreed to their formulation, that the PPP would agree to theirs’ and Clause Nine would have been changed to allow for the President to appoint the Chairperson and deputy chairperson of the commission. The attempt to reach consensus on these two clauses which were piggybacking on each other was unsuccessful, she stated adding that it is important to recognize that there was discussion on the composition of body and that they had come a far way on the issue.
Earlier, just before the Report was presented to the House, Home Affairs Minister, Clement Rohee, in a motion, moved that Standing Order 57 (2) be suspended. It was suspended with effect from and including 30 July 2009 and the second reading and the remaining stages of the Local Authorities (Elections) (Amendment) Bill 2009 were proceeded with. “Mr. Speaker I further move that we further resolve that suspension of the foresaid Standing Order Number 57 (2) remains in effect up to and including 6 August 2009 to enable the second reading on the remaining stages of the Local Government Commission Bill 2009…be passed in compliance with this order and I so move”, he stated. The motion was approved by the Assembly.
Breached
PNCR MP, Winston Murray, in a letter to this newspaper had said that that Standing Order was breached last Thursday because copies of the Report of the Special Select Committee were not made available to members at least seven days before the day on which the motion is made. He had written in relation to the Local Authorities (Elections) (Amendment) Bill 2009, which was passed on July 30. The Opposition parties are boycotting the National Assembly because of allegations in a US court that government officials had dealings with self-confessed drug trafficker, Roger Khan.
Lall, in his presentation, noted that the Bill is the second of the five Bills that they are considering. Practically all of the legislation in the Bill is already contained in the Municipal and District Councils Act, he noted, pointing out however, that there are some significant differences particularly as it relates to how the Committee is established. Another important aspect is the method of removal of members of the commission, he noted. Lall said that previously the Prime Minister can remove anybody without any reason but in this Bill, the President has the power to remove but after consultations with the leader of the opposition. He noted that in the Select Committee some of the old differences again emerged and they have been able to find consensus on some of the issues, but not on others. He said that after some opposition members of the Committee did not see it fit to attend the meetings, as Chairman, he had the responsibility to move the process forward and concluded the discussions. The Minister emphasized that they have had opportunities to air their views on the Bill.
The Minister also noted that there has been talk about the powers of the minister and he explained that it is delegated power, as he did not have those in the first instance. “There has never been a local government commission in Guyana although the Act was there”, he said, stating that in the absence of the commission, the minister exercised those powers. A lot of those powers will now be shifted to the local government commission, he declared.
Teixeira, meantime, stated that in the Select Committee, 14 clauses were amended with consensus agreement, 43 clauses were accepted as presented and there were three clauses where there was no consensus. The Matrix of the Report made no mention of Clause Seven and this, she blamed on the “Printers Devil”, as an amendment was made to this clause with the agreement of the opposition and it had appeared on the drafts. “Somehow Mr. Speaker it did a disappearing act”, she said. It was subsequently inserted before the third reading of the Bill. Other issues were also raised in the Select Committee, she noted. She said that the government had sought the permission of the Clerk of the National Assembly to meet during the Parliamentary recess to examine and conclude the three remaining Bills for the local government elections. The Clerk has agreed and Teixeira expressed the hope that the opposition would not miss out on the opportunity.
Opposition parties had expressed serious concerns about the Bill particularly as it relates to the appointment of members of the Commission.
Power to monitor
Clause 13 of the bill states that 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 whenever and/or wherever necessary; 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.
The Commission would 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 immunizes 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.
