APNU’s Volda Lawrence on Wednesday tabled a bill—the first by the opposition in the Tenth Parliament—to set up an independent Office of the Clerk of the National Assembly.
The Office of the Clerk of the National Assembly Bill 2012 sets out the responsibilities and authority of the Clerk and Deputy Clerk of the National Assembly and provides for the establishment and administration of an independent Office of the Clerk of the National Assembly of Guyana.
It is in keeping with a recommendation of the 2005 Sir Michael Davies needs assessment of the National Assembly, which had concluded that more independence was needed. He also recommended that the Clerk should be the employer of all staff of the Parliament Office. In addition, the Guyana Fiduciary Oversight Project Final Framework and Guidelines Report had recommended that Parliament should employ its own staff and that the Speaker should appoint the Clerk after consultation with all parties.
The intention is for the law to come into operation on November 1, 2012. Although the opposition APNU and AFC can use their one seat majority to pass the bill, enactment would require the assent of President Donald Ramotar. Ramotar has already said he would not sign any bill into law that has not had the input of the executive.
A note appended to the proposed legislation stated that these recommendations have never found any objections with the government which had, in June 2005, signalled acceptance of the recommendations in the Poverty Reduction Report for Guyana.
The bill proposes that the appointment of the Clerk and the Deputy Clerk will be done by the President on the recommendation of the Speaker, after consultation with the Prime Minister, the Leader of the Opposition and such MPs as the Speaker considers desirable. The terms of service of both Clerk and Deputy Clerk shall be determined from time to time by a Commission consisting of the Speaker, as Chair, the Minister responsible for finance or a person that the minister nominates to represent him or her at that meeting, and one other minister that the Prime Minister designates in accordance with the Constitution.
According to the bill, the functions of the Clerk will be to note all procedures of the National Assembly and of any committee of the assembly. The Clerk will also carry out such duties and exercise such powers as may be conferred by law or by the standing orders and practice of the National Assembly.
The Clerk will act as the principal officer of the Office of the Clerk of the National Assembly and, in that capacity, manage that office efficiently, effectively and economically. The Clerk will ensure that members of staff carry out their duties, including those imposed on them by law or by the standing orders or practice of the National Assembly and maintain proper standards of integrity and conduct.
The bill states that on the occurrence of any cause of a vacancy in the Office of the Clerk of the National Assembly – whether by reason of death, resignation or otherwise and in the case of absence of duty of the Clerk – the Deputy Clerk may exercise all of the functions, duties and powers of the Clerk.
In the event of both the Clerk and Deputy Clerk being unable for any reason to carry out their duties, it proposed that the Speaker may appoint any other person to act as Clerk for the time being, and any person so appointed shall have the powers of the Clerk.
A person who holds the position of Clerk or Deputy Clerk of the National Assembly shall not perform functions of any other public office, it also says. Subject to Article 158 of the Constitution, the Clerk and Deputy Clerk shall vacate their office at the age of 65 or such later age as may be prescribed by the Commission appointed under Section 8 of this Act and Article 158 of the Constitution.
The Clerk and Deputy Clerk shall be removed or suspended from the office by the President, but not unless the National Assembly by a resolution which has received the affirmative votes of a majority of all the elected members, finds either officer unable to discharge the functions of their office, whether because of infirmity of body or mind or for misbehaviour.
