Speaker of the National Assembly Raphael Trotman on Friday wrote President Donald Ramotar asking about the status of two pieces of legislation piloted by the Opposition and sent to him since February for assent following passage in the House.
The Speaker in the letter, which Stabroek News has seen, also reminded the President that the time by which the legislation should have either received presidential assent or rejection had passed.
The letter was copied to Prime Minister Sam Hinds, Leader of the Opposition David Granger, Leader of the Alliance for Change Khemraj Ramjattan and Clerk of the National Assembly Sherlock Isaacs.
“I refer to the matter of Bills – Fiscal Management & Accountability (Amendment) Bill, No. 24 of 2012 and the Former Presidents (Facilities and Other Benefits) Bill No. 29 of 2012 – sent to your Office for assent as required by Article 170 of the Constitution. These Bills, as I am reliably informed by the Clerk, were transmitted to your Office on [February 25, 2013]. Undoubtedly, the constitutionally mandated time for their assent has elapsed,” said Trotman in the letter.
“I am, as you would hopefully understand, anxious to ensure that there is strict compliance with the constitutional requirements regarding the passage of legislation. I respectfully reiterate that the Parliament, comprising the Executive and National Assembly, must work together to ensure that laws are made for the ‘peace, order and good government of Guyana’,” he said.
“I make bold to say that the framers of our Constitution never contemplated, or intended, for these institutions to be working against the interest of each other. I posit that if there is disquiet, discomfort, or disagreement with any Bill, or any aspect thereof, then these need to be resolved in a mutually acceptable manner so that the respective constitutional roles and responsibilities of the National Assembly, and Executive, can be observed and discharged,” said the Speaker.
He reminded the President of the provisions of Article 170 (3) of the Constitution, which states that the President shall return the Bill to the Speaker within “twenty-one days of the date when it was presented to him for assent”. He said, “In my estimation, our Constitution does expect the assent within [21 days], and in the event that it is withheld, the Bill is returned with reasons for its non-assent.”
When asked by Stabroek News today, Presidential Advisor Gail Teixeira said that the Speaker “would be advised accordingly” as to the President’s actions on the two Opposition Bills.
Early in his tenure, Ramotar had signalled that he would not assent to bills that were passed without the support of the executive. He had said in an interview with NCN that the opposition’s one-seat majority would not result in the passage of bills unless the executive – government – had had input in them. “That is not the function of the opposition. They must respect what is their role… I am making it very clear that I will not assent to any bill that they carry unless it is with the full agreement of the Executive and the full involvement of the Executive,” Ramotar was quoted as saying in a report on the interview by the Government Information Agency (GINA). This position attracted public criticism.
With the bills languishing for months, questions have also been asked about what the legislature was doing about the breach of the constitution by the President. In contrast to the two bills, the budget appropriations bill which was passed by Parliament long after has already been assented to by Ramotar.
