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Leader of the Opposition,Pierre Turgeon Canadiens Jersey, David Granger,Andrew Shaw Canadiens Jersey, by way of a summons filed in the High Court last Tuesday has refuted a motion filed by Attorney General Anil Nandlall against the Parliamentary vote of “no confidence” against Home Affairs Minister Clement Rohee.Lawyers for the opposition leader,Jonas Gustavsson Red Wings Jersey, Senior Counsel Rex McKay and Attorney-at-law Basil Williams, presented the document to Chief Justice Ian Chang.On September 13, last, the AG charged in the Supreme Court motion that the July 25 declaration and July 30,Dale Weise Canadiens Jersey, passed motion of “no confidence” against Minister Rohee was “unlawful, violative of the policy of separation of power, unconstitutional, null, void and without binding force or effect.”The opposition leader is contending in his summons that the claims of the Attorney General are without merit and are misconceived. The opposition leader also charged that according to Standing Order 25, Rule 1 of the National Assembly Standing Orders,Henrik Zetterberg Red Wings Jersey, any Member of Parliament may introduce a Bill or propose any motion for debate and it shall be dealt with in accordance to the Standing Orders.The Summons argued that the National Assembly may regulate its own process and make rules for that purpose. In that light, the opposition leader claimed that Rohee’s “no confidence” motion is not unlawful.The document states that irregularities in the conduct of Parliamentary business are matters for Parliament and not the Courts since rules and Parliamentary procedure are not intended to deprive the National Assembly of the Power given by Article 165(1) of the Constitution.The Summons continued, “Except for a constitutional or statutory breach, the Courts have no jurisdiction to interfere in the internal affairs of the National Assembly.” The AG has failed to show any Constitutional or statutory breach by the Assembly.”It was further noted within the Summons that Article 106(6) provides that the Cabinet,Mike Richter Rangers Jersey, including the President,Noah Juulsen Canadiens Jersey, shall resign if the Government is defeated by a vote of “no confidence” by a majority of all elected National Assembly members. It is with that notion, the opposition argued “that an individual Minister (a component of the Government) must likewise resign on a vote of “no confidence” in him or her.”According to the High Court document,Larry Murphy Penguins Jersey, “It is a rule of the House of Commons (Great Britain) that a vote of ‘no confidence” in a Minister,Jaromir Jagr Penguins Jersey, requires him or her to do the decent thing and resign as Minister.”The matter was called before the Chief Justice last Friday and the Attorney General is expected to reply to the Summons within seven days. The matter will be heard again on November 28. |
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