With the passage of the Former Presidents (Benefits and Other Facilities) Bill 2012 two Fridays ago, there are now two opposition bills awaiting the signature of President Donald Ramotar, but they have not yet been sent to the Attorney-General’s Chambers for the necessary documentation to be prepared.
“The opposition bills have not reached the Attorney General’s Chambers as far as I am aware,” Minister of Legal Affairs and Attorney-General Anil Nandlall told Stabroek News. “I am unaware of the process of how opposition bills are transmitted to the President. Normally all bills ought to come to the Attorney General for the preparation of the necessary documentation,” he said.
The two opposition bills are the Fiscal Management and Accountability (Amend-ment) Bill and the Former Presidents (Benefits and Other Facilities) Bill 2012 and Nandlall said neither has gone to his office for his input. Asked how he would deal with them when they arrive, the AG responded that he would prefer to cross that bridge when the bills arrive on his desk.
He said that some government bills have already been approved by the President. “Several bills have been assented to and there are several that are currently waiting…,” he said. “I have prepared the necessary documentation and have transmitted them to Parliament for onward transmission to His Excellency for assent.”
Explaining the procedure, Nandlall said that bills, after they have been passed by the National Assembly, are usually sent to the AG who would prepare a certificate of assent and an opinion that the President should assent and these along with the bill are sent back to Parliament Office for onward transmission to the President.
On January 25, the opposition, using its majority, passed a bill repealing the controversial 2009 Former Presidents (Benefits and Other Facilities) Act. On January 10, the Fiscal Management and Accountability (Amendment) Bill was passed by the opposition using its one-seat majority. The Constitution stipulates that the President can either give or refuse assent to a bill sent to him after it is 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.
When contacted, opposition leader, David Granger said he is unaware of what bills have been assented to by the President. Questioned with regard to the two opposition bills not reaching the AG’s Chambers, he said only the Clerk of the National Assembly Sherlock Isaacs can explain that. “He needs to explain why the bills weren’t transmitted,” he said.
Stabroek News was unable to contact Isaacs yesterday.
Last year, Ramotar had said that he will not assent to any opposition bill unless it is passed with the full agreement of the executive and the full involvement of the executive. Last month, he said he would have to seek legal advice on whether he should assent to opposition-piloted legislation such as the Former Presidents (Benefits and Other Facilities) Bill 2012.
Meantime, Nandlall said the bills that have been assented to by President Ramotar include the Civil Law (Rights of Persons in Common Law Union) Bill, which was unanimously passed by the National Assembly on July 12, with both government and opposition recognising deficiencies of the current laws in addressing inheritance rights upon the death of a spouse in a civil union. With the enactment of the new law, persons in common-law unions for five years will receive the same privileges as a widow or widower, where their partner has died without making a will.
Among other government bills that have been passed but not yet assented to is the Sexual Offences (Amend-ment) Bill passed unanimously on January 3. In addition, the Music and Dancing Licences (Amendment) Bill 2012, the Business Names (Registration) (Amendment) Bill 2012, the Deeds and Commercial Registries Authority Bill 2012 were all passed but have not yet been signed into law. Nandlall emphasized that the paperwork for these bills have been prepared and they will be attended to when the President returns from his trip abroad.
