(Trinidad Express) President George Maxwell Richards may be stretching his constitutional right to request information from the Prime Minister about Section 34.
Speaking in his personal capacity yesterday, senior counsel Seenath Jairam, president of the Law Association, told the Express that Richards’ actions were “taking it a step perhaps beyond what the framers of the Constitution contemplated”.
“It seems to me and I am not taking sides at all, that our President who is not supposed to be an executive president under the current constitutional arrangement could have control of the Cabinet to ask questions,” Jairam said.
“I understand that he has asked about eight specific questions (in his letter dated December 7), no doubt he has had legal advice on it and it is tantamount to cross examination of the Prime Minister,” Jairam said.
Both Jairam and senior counsel Israel Khan were of the view that Richards could have raised his concerns with Persad-Bissessar during their weekly meetings.
“I would have expected that during their usual meetings His Excellency is entitled to ask the Prime Minister about that matter but to write a letter and ask these questions is taking it a step perhaps beyond what the framers of the constitution contemplated,” Jairam said.
But senior counsel Martin Daly expressed the view that Richards was well within his right and duty to call for more information with regard to the controversial proclamation of Section 34,
Speaking on the TV6 News last night, Daly said according to Section 81 of the Constitution of Trinidad and Tobago, Prime Minister Kamla Persad-Bissessar is only obligated to provide the strict facts.
Nothing untoward was found on the proclamation of Section 34 under the Office of the President when Senate President Timothy Hamel-Smith was acting in Richards’ absence.
Daly said this new request of the Office of the President is however a bit different and includes a request for information referable to good governance, morality in public affairs and in the public interest.
“If it has been accurately reported that the request contains a request for information, referable to good governance, morality in public affairs in the public interest, then that is not a request for facts alone,” Daly said.
“That is clearly a request designed to prompt an answer that will be mixed fact and opinion and I think one must be careful in stretching (section) 81 as far as that. As far as I am concerned, it is difficult to say to the President to give opinion on the conduct of the country as opposed to facts, relating to the conduct of the country,” he said.
“Dr Rowley and the amalgamation of trade unions and civil society are playing good politics, but the legal basis is a bit questionable,” Daly said.
Daly said the questions on the proclamation itself were answered quite clearly, through the examination of all related Cabinet notes and minutes and he is not sure what other facts people want Richards to give.
But there is a responsibility on the part of Persad-Bissessar, Daly said.
“If you ask a general question, can the Prime Minister refuse a request of the President under (Section) 81, generally the answer would be no, but if the request is outside the boundaries of Section 81 as I suggest this second request is, then I think she can take the position,” Daly said.
Senior counsel Khan suggested yesterday the President was “duped to step out of his crease”, when he wrote Persad-Bissessar and called on her to provide information on the proclamation of Section 34.
“It appears that the President was duped to step out of his crease and he was immediately stumped by the honourable Prime Minister,” Khan stated yesterday.
“And I say it with the greatest respect to His Excellency President George Maxwell Richards, it is no business of the President to make any written requests of the prime minister of any particular matter of the governance of Trinidad and Tobago. Not write her a letter and then leak it to the media,” Khan stated.
Former attorney general Ramesh Lawrence Maharaj, SC, yesterday slammed Persad-Bissessar for her response to Richards.
Lawrence Maharaj said Richards was “right” to act under Section 81.
“If she (Persad-Bissessar) fails or refuses to comply with the Section 81 request of His Excellency, the Prime Minister would be violating that oath of office, by which she is required to uphold the Constitution and the laws of Trinidad and Tobago,” Lawrence Maharaj stated.
“Where such serious allegations of misconduct against the Prime Minister, her Attorney General and her Cabinet have been made and the Prime Minister refuses to cooperate with the President to supply that information, such conduct amounts not only to irresponsible governance by the Prime Minister but to contempt of the Constitution of our country and of the rights of the people,” he stated.
Maharaj said if Persad-Bissessar does not comply with Richards’ request “members of the public would be entitled to conclude that the government has something to hide in its decision to select Section 34 for early proclamation”.
