Sunday 23rd December, 2007

 
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hghany@fss.uwi.tt

An absence of decorum

As the Ninth Parliament of the republic opened last Monday, there was an absence of decorum in parts of the proceedings.

The lowest point was when Leader of the Opposition Basdeo Panday chose to wipe his hands with his handkerchief after shaking Prime Minister Manning’s hand, just before the start of the ceremony.

The cut and thrust of politics is one thing; the loss of civility is another.

It subsequently emerged that the UNC caucus had also taken a decision to refuse shaking the hand of the Speaker, Barendra Sinanan, who was re-elected unopposed.

With the exception of Winston Peters (Mayaro) and Nizam Baksh (Naparima), all of the UNC MPs did not shake the Speaker’s hand after they took their oath of allegiance.

Political points

This was a means of using the high ceremony of the occasion to score political points by embarrassing the Speaker.

However, as in 2001 when the same thing was done to Rupert Griffith, the only people who were shown in a poor light were those who chose not to shake the Speaker’s hand.

Our society has to be careful, insofar as the use of incivility by some of our parliamentarians as a means of registering an objection threatens to bring the holders of high office into public odium and ridicule.

The use of the ceremonial opening of Parliament to file a motion for the adjournment of the House of Representatives on a definite matter of urgent public importance was an attempt that registered a political point, but it was out of order by virtue of the manner in which it was done.

Opposition Chief Whip Ramesh Lawrence Maharaj delivered a letter to the Speaker as soon as he took his oath of allegiance. This was done in lieu of shaking the Speaker’s hand.

However, it was clear the Speaker would have no time to read the letter; which meant the matter could not be considered.

The emergence of a supplemental Order Paper, which was not given to the Opposition members in the House of Representatives, was also quite controversial.

This led to a subsequent exchange between the Speaker and the Opposition Chief Whip. If there was uneven distribution of the Order Paper, then that cannot be deemed to be proper parliamentary practice.

The other controversy related to the issue of whether or not there was consultation on the re-appointment of Speaker Sinanan.

Prime Minister Manning told the House that because it was a re-appointment there was no need for consultation.

References have also been made to the fact that Basdeo Panday did not engage in any consultation when the UNC majority elected Hector McClean in 1995 and Rupert Griffith in 2001 (both of whom were defeated candidates) to the post of Speaker.

The tit-for-tat argument does not get to the source of this issue. In many developing countries of the Commonwealth, the office of Speaker is regarded as an extension of the patronage that the executive can dispense.

This is unfortunate, as it makes the office of Speaker into a partisan one, unlike what is intended at Westminster.

Has failed

We happen to operate a Whitehall version of the office of Speaker, which permits the holder of the office to come from among either the elected members or from outside the House.

The issue of consultation is designed to soften the blow of partisanship associated with a majority election by those who control the House.

At the best of times, consultation has failed, as was the case with Prof Max Richards, who was supposed to have been made the Speaker of the 18–18 tied Parliament after the 2001 general election.

The consultation regarding him was a by-product of the Crowne Plaza Accord, which was subsequently set aside by the UNC. The UNC MPs challenged Richards’ nomination and he did not become Speaker.

As fate would have it, he was subsequently elevated to the higher office of president of the republic in 2003.

The office of Speaker also has been used in Commonwealth Caribbean Parliaments as a means of keeping certain MPs out of the Cabinet.

Became hostile

In Barbados in 1976, Prime Minister Tom Adams did not want Burton Hinds in his Cabinet, and offered him the post of Speaker instead.

In 1986 in Trinidad and Tobago, ANR Robinson did not want Nizam Mohammed in his Cabinet, and offered him the post of Speaker instead.

The ability of our Parliaments in the region to elect only Speakers who are in some form or fashion sympathetic to the party in power is a function of the difficulties that a government can face if the Speaker becomes hostile to the government itself.

In Trinidad and Tobago, this has happened before. During the 1986–’91 Parliament, there was a period of time when Nizam Mohammed was hostile to the NAR Government, and during the 1991-’95 Parliament, Occah Seapaul became hostile to the PNM Government.

In both cases, the parliamentary life of the government became difficult.

The complaints about last Monday’s opening of Parliament have begged many questions about the need for constitutional reform in favour of a presidential model.

We have become so accustomed to the dominance of Parliament by the executive that we cringe at the discomforts that were created last week and during the period leading up to the opening of Parliament.

If Parliament were able to convene itself without the fiat of the executive, things may be different.

If an executive president could come to Parliament to deliver a state of the union address, about which there would be debate in Parliament and subsequent legislative action, things could be different.

Are we ready for these reforms, or do we prefer to continue complaining about the shortcomings of the parliamentary system because of a fear of change, and thereby leaving things the way they are?

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