In theory, President Donald Ramotar can prorogue Parliament perpetually, though this would result in Parliament becoming farcical.
Former speaker of the National Assembly Sase Narain told Stabroek News that he does not believe that the President can prorogue Parliament again, immediately after a first prorogation. “I don’t think there is any provision for a second prorogation,” he said. “Then it would be a farce to have Parliament.”
However, political analyst and attorney Christopher Ram, in his blog, differed. “If my reading of Article 69 of the Constitution is correct, it seems too that the President can re-convene the National Assembly at any time no later than such six months and then immediately prorogue the Assembly again,” he wrote.
He said the Ramotar administration would buy considerable time if he chooses the prorogation route but may face a heavy political price. “It would surely be an as egregious misuse as there has ever been of what is sometimes referred to as the Burnham Constitution but the irony would surely be disregarded by the PNC – and the public – as a demonstration of utter contempt for the people who elect their parliamentary representatives,” Ram asserted.
But when the question was put to Attorney-General Anil Nandlall, he said that it would be the remotest of possibilities that the government would go down that route.
He agreed with Narain that “It would be an abuse for it to be perpetual.” In an interview with Stabroek News yesterday, Nandlall said prorogation cannot go on indefinitely; the Constitution stipulates the time and it cannot go beyond that. The Constitution allows for Parliament to be suspended for up to six months by the President and many have been questioning whether if faced with a no-confidence motion again once Parliament is recalled, the President can again prorogue the Assembly.
“Theoretically I presume he can do that, theoretically that is possible but I don’t see a government going down that road. The next step is to dissolve and move to an election once you go the prorogation road,” Nandlall said. He also noted that whenever Parliament resumes, government has to account for all the money it would have spent.
Meantime, Narain told Stabroek News that once Parliament is prorogued all the business of the Assembly will come to a halt but the parliamentarians will still be paid. “When the Parliament is prorogued, nothing will take place,” he said. “Once it is prorogued…. Parliament ceases to operate for that period.”
He noted that the national budget, in accordance with the Constitution, has to be passed before the end of April and Parliament would have to be recalled. The former speaker said he believes the President will issue a proclamation before the maximum six months allowed by the Constitution for the suspension of Parliament is up as the government would face a “dilemma” in terms of the budget.
However, he noted, that once the Assembly reconvenes, the opposition can move to suspend the way the Order Paper is structured and move a motion that the no-confidence motion takes precedence. He said the President will then only have one option, that of dissolving Parliament and calling general elections.
