By Dr Francis Alexis QC
1 Nov 09
MOST EMPHATIC STATEMENT
1. This week we highlight a most emphatic statement of the very strong commitment to the building of democracy by the 2009 Vincentian constitution (“consti”) proposed by the Government of Prime Minister Dr. Ralph Gonsalves . The consti will significantly strengthen the powers of those who do not support the Government , (“Opposition”) , in general, and the Minority Leader, (“Leader of the Opposition”), in particular .
ENSURING AN OPPOSITION
2. The consti will ensure that Parliament (“Parl”) will rather certainly always have Members (“MPs”) who do not support the Government , Opposition MPs. The first-past-the–post system of electing the 17 constituency Representatives (“Reps”), Clause 99 , might not do so. But the proportional representation (“PR”) system of electing the 10 Senators, 100, will rather definitely ensure an Opposition among Senators.
3. The threshold requirement or quota for a political party being allocated a Senators’ seat will be very low : ten (10) percent of the votes validly cast totally nationwide in a general election, plus one vote. For every such quota which a party polls, it shall be allocated a seat, 100(3)-(11). A major party would surely make that quota. So, pretty likely, there will always be an allocated Opposition presence in Parl; unlike today.
GUARANTEEING A MINORITY LEADER
4. In ensuring an allocated Opposition presence in Parl, the consti will guarantee that there is a person who leads the Opposition in Parl, the Minority Leader (“ML”) . This will give life to provisions which will establish the office of ML, saying that there shall be an office of ML, 124.
5. Life will similarly be given to provisions on the appointment of a ML, 125(1). These will say that the President shall appoint as ML the member of the National Assembly who appears to the President, acting in his own deliberate judgment, most likely to command a majority of the Reps and Senators who do not support the Government (“applicable support”). A Senator shall be appointed as ML only if there is no Rep qualified to be appointed and willing to accept such appointment. Precedence among Opposition MPs as regards the appointment of a ML will be addressed ,125(3), as is now done.
ALTERNATIVE PRIME MINISTER
6. The consti will devote to the ML his own Chapter, VIII, 124-129, and not lose him in another, as how he is now eclipsed in the chapter on the Executive, inappropriately. It will establish his office and provide for his appointment , seen in paras 4-5 above. It will speak to his tenure,127-28. The office of ML shall become vacant where the ML resigns; or ceases to be, or to exercise the functions of, an MP; or his appointment as ML is revoked by the President, in his own deliberate judgment, if the ML is no longer best able to command the applicable support.
7. The consti will point to the Minority Leader being the alternative Prime Minister (“PM”), the PM being veritably the Majority Leader. It shall say that the office of ML shall become vacant where the ML is appointed PM, 127(1)(e). It shall expect the ML to so function as to make preparation to assume the office of PM, 126(f). It shall expect the ML to propose policies alternative to those of the Government , 126(e). The ML shall co-ordinate the response to the Government by Opposition MPs, 126(d) .
8. The ML shall offer advice to the President , and afford consultation to the President and the PM, where required , 126(a)(b). But he may not, simply by failing to do so, unreasonably hold up decision–making , 129.
MONEY MATTERS
9. Very powerful instances of the consti enormously enhancing the stature of the ML are provisions giving him new powers in money matters. At present, typically, there are restrictions on motions regarding money matters, as the payment from any public fund of monies not charged thereon. Such restrictions are that, except on the recommendation of the Governor-General signified by a Minister, Parliament shall not process such a motion. Abolishing this, the consti will ordain that such restrictions shall not apply to motions proposed by the ML, 84(2). So the ML will be able on his own to go to Parl with motions on money matters.
10.The consti will very appreciably strengthen the power of the ML to ensure that Cabinet is more accountable to Parl for the spending of public funds, in path-breaking provisions dramatically transforming the Public Accounts Committee(“PAC”), the Assembly watchdog in this field. The Chairman of the PAC shall be the ML or another Opposition MP designated by him, 85(2), 126(c ) , an explicit constitutional command for the first time. A majority of the members of PAC shall be Opposition MPs, 85(3); unlike how today the absence of Government MPs holds up the PAC. The PAC will be given the unprecedented powers of summoning public officers and sending for relevant public financial documents ,85(4).
JOINTLY WITH PRIME MINISTER
11. The ML will be empowered to make nominations to certain prime offices, jointly with the PM or each singly. Thus, the President will be elected by the Assembly on a joint nomination of the PM and the ML, or else, there may be a nomination by either the PM or the ML or any other five MPs collectively , 54. If the PM and the ML jointly nominate a person for EBC Chairman, that person will be appointed; if not, the President will select a person, 95. The ML will be equally consulted with the PM by the President on the appointment of the Chairman of the Service Commissions, 160, 176, 186. The ML will be equally entitled as the PM to have persons from civil society invited to address Parl , 78.
FOR DEMORACY AND FREEDOM
12.The consti will ensure an allocated Opposition presence and ML in Parl. It will make clear that it does not prohibit the reaching of consensus in Parl, 89. It will increase the powers of the Opposition generally and the ML particularly, enhancing the profile and augmenting the stature of the ML. The mission is to better entrench democracy and protect individual freedom by strengthening the Opposition. The consti therefore fully deserves a yes vote in the referendum this 25th .
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Dr Francis Alexis QC
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