The two bills passed by the opposition are yet to reach the desk of Attorney-General Anil Nandlall weeks after they were approved by the opposition-controlled National Assembly.
“As far as I am aware, they are still with the Chief Parliamentary Counsel,” Nandlall told Stabroek News. Earlier he had said that his last inquiry revealed that the opposition bills were with the Chief Parliamentary Counsel in the Attorney General’s Chambers. The bills are the Fiscal Management and Accountability (Amendment) Bill and the Former Presidents (Benefits and Other Facilities) Bill 2012.
Article 170 (2) of the Constitution requires that the president, who is part of Parliament, assent to bills presented to him following passage in the National Assembly. This article also states that where the president withholds his assent, he must return the bill to the Speaker within 21 days with a message stating the reasons for withholding his assent.
The future of the opposition bills are not clear after President Donald Ramotar had said that he would not assent to any bill passed by the opposition unless it is with passed the full agreement of the executive and the full involvement of the executive.
However, in lifting a gag on Home Affairs Minister Clement Rohee speaking in the National Assembly in a ruling on Friday, Speaker of the National Assembly Raphael Trotman said that the president cannot withhold his assent for bills passed by the National Assembly except as set out in the Constitution.
“In Guyana, the presidency and National Assembly are creatures of the Constitution. Neither can relate with each other outside of the manner prescribed within the Constitution. For that reason, the National Assembly cannot refuse to entertain a member who is appointed by the executive president as a minister except as permitted by the Constitution. In the same way that the executive president cannot withhold his assent for bills passed by the National Assembly except as set out in the Constitution, which is supreme,” he said in the ruling.
Nandlall’s recent description of the Attorney General’s role in the process leading to the president giving assent has prompted criticism by attorney Christopher Ram, who noted that it was not catered for in any law.
Nandlall said it was convention for the Attorney General’s Chambers to issue an assent certificate to bills passed by the National Assembly before they are forwarded to the president. All bills passed by the House are to be sent to the Chambers of the Attorney General by the Clerk of the National Assembly, firstly to be examined by the Chief Parliamentary Counsel and then by the Attorney General, who issues an assent certificate advising the President, that he may properly assent to the bill, “provided, of course, that in the opinion of the Attorney General, the bill is in order,” Nandlall had explained.
Clerk of the National Assembly Sherlock Isaacs had substantiated this position by indicating that during his tenure he has never submitted any bill for presidential assent without an assent certificate from the Attorney General.
In addition, former clerk of the National Assembly Frank Narain had told Stabroek News that in his time during pre-independence, bills passed went to the Attorney General before they went to the governor for assent. “That was the practice… the Attorney General would vet the bill, not to make any changes, just to see that it was [in order]. Then he would issue an assent certificate. But we have had several changes over the years and the Attorney General has become a politician,” Narain explained.
The Speaker and Isaacs recently met on the handling of bills to be sent for presidential assent and a decision is to be communicated to the public.
