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By Abena RockcliffeNotwithstanding the fact that the Attorney General and Minister of Legal Affairs,Morgan Burnett Packers Jersey, Anil Nandlall stated categorically that he will advise the President not to assent, the National Assembly last evening passed a Bill that seeks to amend the constitution in order to make several entities “independent”.The Bill was piloted by A Partnership for National Unity (APNU) Member of Parliament and shadow Minister of Finance Carl Greenidge.The former Finance Minister said that the Bill was put to the National Assembly with the intention of enhancing the functioning of quite a few agencies by strengthening their administration and control of monies allocated for carrying out functions.The Bill will allow for the agencies to stop being funded by the budget and instead draw monies directly from the Consolidated Fund, which is essentially controlled by the National Assembly.The agencies listed in the Bill to now become “independent” are the chambers of the Director of Public Prosecutions,Tyson Jackson Falcons Jersey, the Judicial Service Commission, the Public Service Commission, the Police Service Commission,Jerome Bettis Steelers Jersey, the Teaching Service Commission,Julio Jones Falcons Jersey, the Public Service Appellate Tribunal, the Public Procurement Commission, the Office of the Ombudsman and the Guyana Elections Commission.The joint parliamentary opposition’s argument was that if the government no longer controls the purse strings of the listed agencies, then no longer will it hold domain or any authority over those agencies, thus the agencies will become impartial.However,Austin Hooper Falcons Jersey, the government’s unwavering position as it relates to the Bill is that the administration has never been one to directly try to control or impose authority over any of the agencies and as such,Bart Starr Packers Jersey, sees no need to amend the constitution just to facilitate what the opposition is seeking to do, “as such we will not support this bill.”Nevertheless, the opposition, by virtue of its one-seat majority, passed the Bill; 33 Members voted for while 28 voted against.Greenidge in his remarks that opened the debate said that the legislation is a very important one that seeks to remedy deficiencies in the Fiscal Management and Accountability Act as pertinent to the Bill.He argued that “Schedule Three” omits all but a few selected Rights Commissions, and noted that there seems to be some amount of ambiguity over the treatment of these agencies and the financial independence therein.He reminded his fellow MPs that titles 6 and 7 of the Constitution list a number of agencies which are deserving of being independent.Greenidge further affirmed that the agencies are important for protecting public servants and the possibility of government action against them. These are important entities constitutionally, he emphasised.However,Kevin Greene Steelers Jersey, Peoples Progressive Party/ Civic (PPP/C) Member of Parliament, Bibi Shadick in seeking to inform from the beginning of her presentation to the debate why the Bill should not be passed in the National Assembly, stressed that a two-thirds majority is needed to pass a Bill like the one at hand.“I totally reject that the third schedule can be changed by a simple majority and I totally reject the notion that the government and the opposition will vote together.”She said that she was not buying the argument being put forward by the government and opined “ I don’t think the people of Guyana will buy that either.”APNU’s shadow Minister of Legal Affairs Basil Williams referred to the Bill as a “simple matter.” He said that the constitution clearly states that a commission shall not be subject to the direction or control of any authority.As he referred to Shadick’s statement,Ra Shede Hageman Falcons Jersey, Williams said that “in this case the constitution shall be altered by a ‘simple majority’ and the running of those agencies will no longer rest in the murky hands of this government.”Alliance For Change (AFC) Leader, Khemraj Ramjattan, said that the constitution is not written in stone and financial independence of “these” agencies is necessary for them to be audited.“But this government put them as budget agencies because they love money and it is a way for them to exercise their control-freakism.”He said that when the government controls the purse strings it controls the actions of the agencies.Further, he noted that if Guyana is going to have an accountability revolution,Greg Lloyd Steelers Jersey, “these agencies need to become independent…but this government doesn’t like to be scrutinised.”In concluding, Ramjattan said that “financial independence will allow the best work and I hope the government will see the light and support his Bill.”Legal Affairs Minister Nandlall said that the Bill is predicated on a theme that seeks to give autonomy to several agencies, but, “Our record has been one of devolving power away from central government and has been placing them in local institutions.”“The argument cannot be intelligently advanced that we are a government that likes to control when the records show the opposite.”To give example of an independent DPP, Nandlall cited the case of the DPP recommending charges to be laid against a Commissioner “under this administration.”“Under this administration she (DPP) exercised her right of independence,” Nandlall pointed out.In closing, the Attorney General said that it is a mockery of the constitution for the opposition to believe that “you can just cut something from somewhere and add it to the constitution. Greenidge, who is not a lawyer thinks he can do such. I will advise the president not to assent to this Bill”. |
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