Former Attorney General (AG) Anil Nandlall on behalf of the PPP/C yesterday requested government to send the Coroners (Amendment) Bill 2015 and the Law Reform Commission Bill 2015 to a parliamentary Special Select Committee citing the need for further consultations on the legislation.
Both bills are up for debate at today’s sitting of the National Assembly. “I believe these are technical pieces of legislation and public participation in them is vital. They are technical pieces of legislation in need of discussion,” Nandlall told Stabroek News yesterday.
In letters to AG Basil Williams, Nandlall stated that the Coroners (Amendment) Bill was extensively discussed by the Disciplined Forces Commission and the report had made recommendations that were supported by a parliamentary committee in the 8th Parliament. He added that the committee’s report had received the unanimous commendation of the 8th Parliament.
Nandlall also pointed out that both President David Granger and Professor Harold Lutchman sat on the Commission.
“In the circumstances, rather than tinker with a singular section of the Principal Act as the captioned Bill seeks to do, a more prudent course is to subject the Principal Act to the “holistic review” as recommended by the aforesaid Commission,” he wrote. “Additionally, we are of the considered opinion that the Bill in its current construct is inherently flawed and does not address the real mischief of the Principal Act,” he said.
The former AG told Stabroek News that he believed the “rush” to push through the legislation stemmed from a lack of understanding and as such committing the bill to the Select Committee would be beneficial. Saying that the bill was “inherently flawed,” Nandlall said “every magistrate in Guyana is a coroner. This bill seeks to say that you must have at least three coroners for Demerara by law. We have over 20…and you have about a 100 Justices of the Peace so what is the purpose of that provision? That clause doesn’t make sense.”
The Coroners bill seeks to cater for circumstances where magistrates are unable to conveniently or speedily serve as coroners. At present, the magistrate of a magisterial district where an unnatural death occurs serves as the coroner. The explanatory memorandum of the bill says that where the magistrate is unable to act, the nearest justice of the peace who is able to act will serve as the coroner.
According to the explanatory memorandum, the amendment provides for the Judicial Service Commission to appoint fit and proper persons to be coroners for the whole of Guyana.
The bill if passed will see the insertion in the Principal Act of section 3A which says in part that in the County of Demerara there shall be at least three coroners, two in the County of Berbice and at least one in the County of Essequibo.
In his letter, Nandlall pointed to the complexity of the Principal Act and noted that it touches the controversial area of unnatural deaths. “It is our considered view that this important piece of law reform should benefit from the input of such organizations or persons such as the associations representing the Legal Profession, the Director of Public Prosecutions, the Guyana Police Force, the Guyana Human Rights Association, the labour movement, Private Sector and parliamentary political parties, all of whom we consider to be important stakeholders and whom we believe should be invited to make their valuable contribution to a Parliamentary Special Select Committee,” he wrote.
“In the end, we have no doubt that such a process will not only produce a better Bill but one which would have benefitted from the participation of our citizenry and their representatives in the manner contemplated by the letter and spirit of Article 13 of the Constitution,” Nandlall declared.
In relation to the Law Reform Commission Bill, Nandlall said while a permanent Law Reform Commission is an accomplishment, it must remain independent. He said the PPP disagrees with the manner in which the Bill seeks to constitute the commission.
“The bill in the manner in which it seeks to appoint the commissioners with the President and consulting with AG, that undermines the independence and inclusive nature of a Law Reform Commission which are prerequisites,” Nandlall told Stabroek News. In his letter, he pointed out that there is absolutely no input from any person or organisation external to the Executive in appointing the commissioners.
“Law Reform Commissions are normally independent bodies whose composition are broad-based as they are expected to review every conceivable branch of the law affecting every segment of society and make recommendations to the relevant Minister of Government. It is not an Executive or political unit and its mandate is certainly not partisan or political,” he wrote.
He added that the PPP/C is unaware of any consultation held in relation to the bill.
The PPP/C parliamentarian told Stabroek News that without tangible consultations, both of these pieces of legislation are without merit.
“This slam, bam, thank you ma’am kind of consultation is not proper in the circumstances,” he declared.
Nandlall also copied his letters to Prime Minister Moses Nagamootoo, House Speaker, Dr Barton Scotland and Clerk of the National Assembly Sherlock Isaacs.
