There is a lack of expedition regarding presidential assent or non-assent of bills passed by the National Assembly and though the number pending has been estimated at around six, observers believe there are more.
Prime Minister Samuel Hinds, who is the leader of government business in the National Assembly, gave the estimate during a recent interview on Christopher Ram’s television show Plain Talk.
According to parliamentary records, the government tabled 49 bills last year, 12 of which were referred to special select committees for further consideration before passage. The remainder were passed. Stabroek News was unable to ascertain how many of those bills were assented to. Officials of Parliament Office told Stabroek News that Speaker of the House Ralph Ramkarran would have to approve the release of the information. Ramkarran is currently overseas and this newspaper was directed to make inquiries after his return.
The Constitution stipulates that the President can either give or refuse assent to a bill sent to him after it was passed in the National Assembly. Article 170 states that the President shall signify whether he assents or withholds assent; in the latter instance, the bill is returned to the house for members to reconsider it. He is required to return the bill to the Speaker within 21 days of the date it was presented to him with a message stating his reasons for not giving assent. Although it has been noted that the Constitution does not explicitly stipulate a time period for the President to assent, legal practitioners have argued that framers of the law likely intended that there would be expeditious action on the legislation.
In letter published in Stabroek News last Friday, Ram, disputed the figure, while noting that according to his company’s records only 26 of 40 bills had been published in the Official Gazette. “What surprised me not a little is that after my enquiries there appeared a flurry of activities involving “the printers” and I wondered whether there was any mischief afoot, even though the Gazette in which the legislation is published had already had moved on to 2010,” he said. “It was a shock, but not a surprise, therefore, to receive this past Wednesday several Extraordinary Gazettes containing legislation that dates back, in some cases, several months,” he continued.
Ram said the information provides clear evidence that the Constitution continues to be flouted by the President, with the tacit or expressed agreement, or neglect of the National Assembly. He also raised questions about the legality of the backdated publication, saying that to force public servants either directly or indirectly to engage in backdating any documents, and in particular the Official Gazette, is to make corruption part of their work. Ram also noted that an Act comes into operation on the date of publication and, in this context, those published in predated Gazettes are therefore considered to be of retroactive effect, which he termed a “dangerous” issue.
Opposition Whip Lance Carberry, meanwhile, said he shared Ram’s concerns. He noted that the PNCR had raised the issue after the passage of local government legislation last year. Prior to the parliamentary recess last August, the Local Government (Elections) (Amendment) Bill and the Local Government Commission Bill were both passed by government in the absence of the opposition, which had concerns about the new laws. However, the PNCR subsequently noted that despite the speed with which assent was given to the Local Government (Elections) (Amendment) Bill, the Head of State had not yet assented to the Local Government Commission Bill despite the claim that it was an urgent piece of legislation.
Carberry also said the release of the information should have nothing to do with the Speaker, noting that the issue is a matter of public record. He said the fact that the bills were debated and passed are already public record and there is an expectation that the legislation would be presented to the President for assent. “There ought to be no secret about these things,” he said, adding that “the Constitution is clear about procedures.”
During the last Parliament, ten bills lapsed because the President neither assented nor withheld assent. The government was subsequently forced to re-table the bills.
Bills passed last year were: the Supplementary Appropriation (No.3 for 2008) Bill, Medical Practitioners (Amendment) Bill, the Protection of Children Bill, the Constitution (Amendment) Bill, the Status of Children Bill, the Adoption of Children Bill, the Appropriation Bill, the Time Limit for Judicial Decisions Bill, the Election Law (Amendment) Bill, President Hoyte’s Pensions Bill, the Office of the Spouse of the President Bill, the Former President (Benefits And Other Facilities) Bill, the Public Utilities Undertaking and Public Health Services (Arbitration) (Amendment) Bill, the Shops (Consolidation) (Amendment) Bill, the Insurance( Supplementary Provisions) Bill, the Occupational Safety And Health (Amendment) Bill, the Holidays with Pay (Amendment) Bill, the Fugitive Offenders (Amendment) Bill, the Local Authorities (Elections)(Amendment) Bill, the Local Government Commission Bill, the Administration of Justice Bill, the Bills of Sale (Amendment) Bill, the Summary Jurisdiction (Lay Magistrates) Bill, the Administration of Justice (No.2) Bill, the Supplementary Appropriation (No.1 for 2009) Bill, the Fugitive Offenders (Amendment) Bill, the Rice Factories (Amendment) Bill, the Private Security Services (Regulation) Bill, the National Insurance and Social Security (Amendment) Bill, the Fire Prevention (Amendment) Bill, the Fire Service (Amendment) Bill, the Fires and Casualties Inquiry (Amendment) Bill, the Prison (Amendment) Bill, the Mutual Assistance in Criminal Matters Bill, and the Local Authorities (Elections) (Amendment) (No. 2) Bill.
Those bills at select committee-level are: the Allied Health Professions Bill, the Local Government (Amendment) Bill, the Fiscal Transfers Bill, the Municipal and Districts Council (Amendment) Bill, the Custody, Contact, Guardianship and Maintenance Bill, the Sexual Offences Bill, the Childcare and Development Services Bill, the Maritime Zones Bill, the Credit Reporting Bill and the Persons with Disabilities Bill, the Legal Practitioners (Amendment) Bill. Meanwhile, the controversial Leader of The Opposition (Benefits and other Facilities) Bill 2009 has been continually deferred.
