Speaker overstepped mandate by disallowing motion on private education tax

Speaker of the National Assembly Dr Barton Scotland is being accused of acting outside of his authority after he made a decision to disallow an opposition motion calling in part for the revocation of the 14% Value Added Tax (VAT) on private tuition fees.

According to the motion, which was tabled by PPP/C Member of Parliament Priya Manickchand, the resolution would be made in light of: government’s public declarations of its commitment to education; the impact of the measure on parents and students; the more than 14,000 persons who petitioned the President calling for the removal of VAT on educational goods and services; and stakeholders having organised and continuing to hold protests against this measure and having remained steadfast in their demand for the revocation of VAT on educational goods and services.

The motion, had called for government to reinstate Schedules I and II existing prior to Order No 18 of 2016, Value Added Tax (Amendment of Schedules) Order 2016 on educational goods and services.

Dr. Barton Scotland

PPP/C MP Anil Nandlall told Stabroek News yesterday that Scotland disallowed the motion on the grounds that a previous motion tabled by the opposition during the budget debate had called for the same measure.

“After the Speaker altered the motion significantly, he disallowed it,” Nandlall said, before adding that Scotland “has exceeded his authority by entering into a domain where he has no function.”

The previous motion is mentioned in the preamble as annulment motion Order No 18 of 2016, which was defeated in the House on January 30, 2017.

It too had called for the National Assembly to direct that the minister responsible “reinstate and bring back [sic] into force the schedules I and II existing prior to Order No 18 of 2016, Value Added Tax (Amendment of Schedules) Order 2016” due to “the unfavourable effect on the people of Guyana and the economy.”

Nandlall explained that the Speaker’s duty is to maintain order and disallow statements that may be offensive not to stifle and curtail debate. “This measure has affected a wide cross-section who have been vocal in their opposition. We, as their elected representative, have a right and a responsibility to capture their concerns and lay them in the assembly. To stop this is to stop us from fulfilling our obligations,” Nandlall lamented.

He questioned the Speaker’s reasoning, while stating that a plethora of issues were addressed during the budget debates and to argue that these issues can’t be reintroduced for debate means that for the rest of the year almost nothing can be debated.

“Take for example the MMA issue [the increases in land rent and other charges to farmers in the Mahaica, Mahaicony, Abary Agriculture Authority], we debated this at length during the budget debate yet the motion on this issue is before the House for debate,” he pointed out.

According to the MP, the issue of VAT on private tuition has placed the APNU+AFC government in a political quagmire since its implementation runs counter to the coalition’s stated position on education. “The inference that a connection exists between the Speaker’s decision and the government’s political quagmire is a tempting one to draw,” he added.

Meanwhile, Dr Brian O’Toole has called for a televised debate on the matter to help inform the public on the key issues.

O’Toole, who is the Director of the School of the Nations, which has been active in mobilising support against the VAT on private tuition fees, referenced the Speaker’s decision to disallow debate on the motion in a release to the media yesterday. He noted that the public has been subject to much disillusionment on this matter since news agencies have at various times reported that the measure would be repealed.

Another promise to the public that Parliament would on Monday debate the 14% has now proved to be false, O’Toole be-moaned.

“Articles were appearing in all the newspapers, on a daily basis, about the “positions” to be taken by various parties on this very contentious issue but the statements were always “on behalf of parties” rather than the voice of individuals. Then we hear, late last night [Thursday] that apparently because of some “technicality” there will be no debate on Monday….Is it impossible to have a simple list printed in the newspaper with a yes or no by the name of each of the MPs re whether or not they, as an individual, support the 14%?” he asked before calling for a televised debate “while we are waiting for the debate in Parliament to eventually take place.”

According to O’Toole, he has, during a 30-year career in the area of disability, seen those countries with no genuine desire to improve the lives of persons with disability create commissions or undertake a survey to assess the magnitude of the problem or a promise to address the matter later as over time, nothing is done and the vast majority of persons remain blissfully ignorant of the debates, concern, surveys, commissions and broken promises voiced, apparently, on their behalf.

“The youth of this world still expect promises to be kept. If such promises continue to be broken they will grow into embittered, disillusioned and sad young adults and will do precious little to develop this country. So many will invest their talents elsewhere and enrich those nations,” he stressed.