Speaker still to rule on legality of PM’s presence

Dr. Barton Scotland
Dr. Barton Scotland

Although promising to do so, Speaker Dr. Barton Scotland has not yet responded to a formal complaint by Opposition Chief Whip Gail Teixeira that the continued presence of Prime Minister Moses Nagamootoo in the National Assembly, while performing the functions of President, is in breach of the Constitution.

Teixeira told Stabroek News yesterday that she has heard nothing more of the matter but plans to raise it with the Scotland.

“…Basically it is an issue of enforcing the constitution…He has to uphold the Constitution. I have to go and remind him,” she said before noting that she hopes to approach Scotland on the matter very soon.

On Monday, Teixeira delivered her letter to the Speaker, which resulted in the day’s consideration of the estimates for the various government agencies, starting almost one hour late.

In her two-page letter, the PPP/C member quoted articles 96 (1), 103 (1) and 178 (4) of the Constitution to reinforce her argument. She pointed out that the framers of the Constitution “prohibit the President from participating in the National Assembly and in the approval of bills because the President is empowered to assent or not to those very bills. The framers of the Constitution also went to great length in creating a clear divide between the executive and the legislature, between the President and the National Assembly. In the circumstances, while performing the office of President, the Prime Minister’s presence in the National Assembly violates the constitutional provisions referred to herein.

Scotland informed the House of Teixeira’s letter to him minutes after the sitting began, while noting that it raised a number of issues of “major importance to the House as a whole.”

He highlighted the short length of time between its delivery and the commencement of the sitting before adding that the letter required more than a “quick” response. He said a response would be issued during the course of that evening but up to the end of yesterday that response was not forthcoming.

The president has since returned to Guyana and Nagamootoo has resumed his Prime Ministerial duties. Teixeira acknowledged this situation but said that the issue ought to be addressed since it may occur again.

President David Granger will be returning to Cuba several times until May next year for medical attention and it is anticipated that when he leaves, the Prime Minister will be performing his functions as has been the case since the coalition took office in 2015.

In her letter to the Speaker, Teixeira noted that there was no deviation from the norm under the tenures of either Speaker Ralph Ramkarran or Speaker Raphael Trotman.   

“Since the beginning of the 11th Parliament, however, we, in the Parliamentary Opposition have noted that when the President is out of the jurisdiction that the Prime Minister Moses Nagamootoo who is carrying out the ‘functions of office of the President’ attends sittings of the National Assembly and committee meetings and votes. We brought this to the attention of the House from the inception of the 11th Parliament. However, the Prime Minister has continued to attend sittings and to vote when he has been carrying out the functions of the President on several occasions over the last three (3) and seven (7) months,” she added.

She stressed to the Speaker that the Prime Minister is an elected member of the National Assembly and a member of Cabinet. Therefore, he qualifies to have been appointed by the President to perform the functions of office of President and, in fact, has been appointed on many occasions to do so in keeping with Article 96 (1) of the Constitution.

Article 96 notes that whenever the President is absent from Guyana or considers it desirable so to do by reason of illness or any other cause he may, by direction in writing, authorise any member of the Cabinet, being an elected member of the National Assembly, to perform such of the functions of Office of President as he may specify and the person so authorised shall perform those functions until his authority is revoked by the President or until the functions are resumed by the President.

According to Teixeira, the language of Article 178 (4) is unequivocal; that is, once a minister, (who must be an elected member of the National Assembly) of the Cabinet is appointed to perform the functions of the office of President, then that minister’s seat in the National Assembly “shall be regarded as vacant.”

Article 178(4) states that during any period when a minister is performing the function of the Office of President under article 96, his seat in the National Assembly shall be regarded as vacant and may be temporarily filled.

Teixeira’s letter came days after opposition leader Bharrat Jagdeo signaled that the PPP/C intended to challenge the presence of Nagamootoo in the House.

Nagamootoo has, however, maintained that Article 178 (4) does not apply to him and suggested that Jagdeo was attempting to force a constitutional crisis.