Speaker of the National Assembly Raphael Trotman today disclosed that he has asked the Clerk of the National Assembly to fix a sitting of Parliament for November 6.
His decision follows weeks of agonizing over who has the authority to convene a sitting of Parliament particularly if the government was not intent on calling one.
In a letter to the leaders of the three groups in Parliament, Trotman adverted to the impasse over the date and says he is of the firm belief following consultations that the Standing Orders have already settled the issue of when Parliament is to meet when a date is not fixed. Accordingly, he told the leaders he was asking the clerk to call a session of Parliament on November 6.
The clerk, Sherlock Isaacs had previously said that he did not believe the Speaker had the power to set a date for Parliament and only the government could do this. It is left to be seen if he will act on the Speaker’s request.
It is expected that once Parliament is convened, the AFC will move to have its motion of no-confidence against the government debated. If it is passed as expected, fresh elections will be triggered.
Trotman’s letter to the leaders follows:
Hon. Samuel A. Hinds, O.E., M.P.
Prime Minister of the Republic of Guyana &
Leader of Government’s Business
Prime Minister’s Office,
Wight’s Lane,
Georgetown.
Brig. (ret’d) David A. Granger, M.S.S., M.P.
Leader of the Opposition,
Office of Leader of the Opposition,
Hadfield Street,
Georgetown.
Mr. Khemraj Ramjattan, M.P.
Leader of the Alliance For Change
King Street,
Georgetown.
Dear Honourable Members,
Re: Reconvening of Sittings of the National Assembly
I invite you to recall that at the last meeting held of the Parliamentary Management Committee on Wednesday 15 October, 2014, the issue of the date for the resumption of sittings of the National Assembly came up, and it was unanimously agreed that the Government and Opposition Chief Whips would continue in their efforts to agree a date.
Recent communication with the Whips, and pronouncements in the media attributed to both, clearly lend to the view that the positions are intractable and that the likelihood of a date been agreed upon soon, are unlikely. There is gridlock, and we are faced with the untenable and unhealthy situation of the National Assembly not meeting since July 10, 2014. I am sure that you will agree with me that this cannot be allowed to continue any longer as there is no state of national emergency or otherwise that prevents the Assembly from not meeting. In fact, on the contrary, I make bold to say that there are myriad issues of national import that require our immediate attention.
Notwithstanding the process in which the Whips were involved, I chose to engage the Clerk and former Speakers of the National Assembly with a view to enquiring how best we can have the sittings resumed. I have received opinions from Mr. Sherlock E. Isaacs, and Messrs. Sase Narine, O.R., S.C., and Ralph Ramkarran, S.C. (these are attached for your benefit). In the case of Mr. Isaacs’ he is of the opinion that Standing Order 8 (2) does not authorise the Speaker to call a sitting where there is no fixed date for the next sitting; recall that on July 10, 2014, the House was adjourned to “a date to be fixed”. Mr. Isaacs’ opinion is in consonance with two previous opinions rendered on the very Standing Order, and I am in fact in complete agreement with him in so far as Standing Order 8 (2) is concerned.
With that said, this cannot mean that the National Assembly cannot be convened unless by agreement; especially where such agreement appears elusive to even impossible. In this regard, I have found favour with the opinion rendered by the former Speakers of the National Assembly, which in effect states that the National Assembly shall meet “day by day”; unless otherwise decided by the National Assembly, and that as the Assembly automatically went into recess on August 10, 2014, so too did it automatically come out of recess on October 10, 2014. Therefore, the House should have been convened forthwith on the first working day thereafter.
This opinion in fact supports one that I rendered in a Ruling, No. 4 of 2012, in which it was stated: “Once the President issues a Proclamation to summon Parliament under the powers of Article 69 of the Constitution, the presumption is that the National Assembly will sit every day (except Saturdays and Sundays) after the day of its first sitting. However, a Minister may move a motion for resolution by the Assembly that the “next day” not be the day immediately following.”
I am firmly of the belief that when in fact on July 10, 2014, the House adjourned to a “date to be fixed” this was done in error, and for that I take full responsibility as an open-ended adjournment is, in my opinion, tantamount to a violation of the constitutional mandate for the National Assembly to meet day by day. In any event, I am also of the opinion that the adjournment to “a date to be fixed” was superseded by the event of the House entering into the annual recess on August 10, 2014. The next day on which the House should have met should have been Monday October 13, 2014 as October 12, 2014, was a Sunday. No direction from the Government or the Speaker is required to re-convene the sittings in this regard. Indeed, to support this view, Committee meetings have resumed without an instruction or direction having to be given.
In the circumstances therefore I wish to inform you that I have written to the Clerk of the National Assembly requesting him to fix a sitting of the National Assembly for Thursday, November 6, 2014. This date will provide for the normal notice period for Members of Parliament to be notified and for arrangements to be made for all to be present.
In terms of the Order Paper for the sitting, it is my view that the Agenda as of July 10, 2014 is the Agenda we should resume with; together with any additional matters that have arisen during the recess, and subject of course, to the requisite period of notice being observed.
I trust that this course of action will find favour with all.
Sincerely,
Hon. Raphael G.C.Trotman, M.P.
Speaker of the National Assembly
Copies to: Hon. Gail Teixeira, M.P. – Government Chief Whip
Hon. Amna Ally, M.P. – Opposition Chief Whip
