Archive | Elections

caribbeannewsnow logo

Commentary: Exit Brexit … stage right?

By Anthony L Hall

January 18, 2019

Anthony Hall

I am on record dismissing Brexit as just a sham sold by shysters, full of lies and presumptions signifying no deal.

I refer you to such commentaries as “EU: Britain Trying to Have Cake and Eat It Too,” January 29, 2013, “Brexit: Forget Leaving, Britain a Greater EU Contagion If It Remains,” June 22, 2016, and “On Brexit Plan, EU to UK, No Way! September 24, 2018.

More to the point, I warned that Prime Minister Theresa May’s plan to execute Brexit was a non-starter — not only in the EU but even in the UK. Here is the foreshadowing I offered in “Brexit: Having Cake and Eating It Too,” July 24, 2018.

Her [Chequers] White Paper is just a formal version of the idea May floated earlier this year for a ‘managed divergence’ from EU rules. But it should have been instructive that, according to the March 8 edition of The Economist, the EU dismissed it back then as cherry-picking that would undermine the single market.

To be fair, though, in proposing her managed divergence, May was just doing what her predecessors did. …

I’ve been decrying Britain’s ill-fated efforts to negotiate one-foot-in/one-foot-out deals with the EU for years. Therefore, I see no point in delving too deep into Brexit’s murky waters here.

It should suffice to know that at least half of the Britons who voted for Brexit can’t even name the EU’s four ‘indivisible’ freedoms, namely the free movement of goods, capital, services, and people. This, despite the fact that Britain’s attempt to divvy up these freedoms (e.g., by cherry picking to allow goods but restrict people) has been the most animating feature of the Brexit debate.

More to the point, this prevailing ignorance is why so many Britons, across the political spectrum, have been calling for a second referendum (a.k.a. a mulligan) before any UK-EU divorce settlement is executed. …

Britain is fated to end up an island unto itself Cake and marooned in the global sea by the foolish, ignorant pride Brexit reflects. Even worse, as Obama famously warned (and Trump hinted), it will find itself at the back of the line of weak and relatively poor countries trying to strike trade deals with the world’s biggest trading blocs, including the American-led NAFTA, the Chinese-led ACFTA, and yes, ironically enough, the German-led EU.

Given that, this came as no surprise yesterday:

Prime Minister Theresa May’s Brexit deal has been rejected by 230 votes — the largest defeat for a sitting government in history.

Labour leader Jeremy Corbyn has now tabled a vote of no confidence in the government, which could trigger a general election.

(BBC, January 15, 2019)

May is now a dead PM walking. The only question is whether a vote to end Brexit (viz. another referendum) passes before a vote to end her career (viz. another leadership challenge or general election).

Mind you, the only honorable thing to do after such a humiliating defeat is to resign. No doubt every previous prime minister would have done just that. Exhibit A is David Cameron, her predecessor who resigned after triggering this Brexit mess with his ill-fated referendum in June 2016.

Therefore, it speaks volumes about how far Brexit-crazed Britain has lost its way that resigning seems to have not even occurred to May. Remarkably, even the members of her own Conservative party — who voted for her historic humiliation — seem perfectly happy to sit and watch her wither away … stage right.

  • Anthony L. Hall is a Bahamian who descends from the Turks and Caicos Islands. He is an international lawyer and political consultant – headquartered in Washington DC – who also publishes a current events weblog, The iPINIONS Journal, at http://ipjn.com

le

Related commentaries:
EU to UK: no way

* This commentary was originally published at The iPINIONS Journal on Tuesday, January 15

Please support The Montserrat Reporter


Posted in Business/Economy/Banking, Elections, Featured, International, Local, News, Opinions, Politics, Regional, UK - Brexit0 Comments

Chief Justice could rule by month end regarding challenges to the validity of motion of no confidence

Chief Justice could rule by month end regarding challenges to the validity of motion of no confidence

by staff writer

GEORGETOWN, Guyana, Jan 15, CMC – Chief Justice Roxane George-Wiltshire Tuesday said she intends to give a ruling by the end of this month regarding the three matters challenging the validity of last month’s motion of no confidence that led to the downfall of the David Granger coalition government.

She told lawyers representing the various parties during the case management hearing that they should submit their legal arguments within the specific deadlines

Lawyers awaiting start of case management hearing

“A decision will be ready before the end of this month ” she said, noting also that she is unlikely to grant a conservatory order for the President and Cabinet to remain in office due to the time frames.

“We are going to push ahead” and decide on those “matters as urgently as possible” because “the nation is awaiting the outcome of these matters,” she added.

On December 21st last year, then government backbencher, Charrandass Persaud, voted in support of a motion filed by Opposition Leader Bharrat Jagdeo that gave the main opposition People’s Progressive Party (PPP) the 33 votes needed to ensure the success of the motion in the 65-member National Assembly.

As a result, the PPP is calling for fresh regional and presidential elections by March this year, while the government has gone to court challenging the validity of the vote.

On Tuesday, the Chief Justice heard the case management for the cases “Compton Reid vs The Attorney General, Persaud and The Speaker of the National Assembly; Christopher Ram vs The Attorney General and Speaker of the National Assembly and the Attorney General vs The Speaker of the National Assembly and the Opposition Leader.

She has given the lawyers in all three matters to file their pleadings and make their submissions by January 18 while rebuttals have been listed to take place by January 21.

Oral arguments have been set for January 24 in all of the matters. However, the attorney representing Ram will make his oral submissions on January 23.

Attorney General, Basil William’s was granted permission to make submissions in two of the three cases that Article 70 of the Guyana Constitution provides for the government to run its full five year term in office.

During the hearing,  a senior official of the coalition A Partnership for National Unity (APNU) government,  Joseph Harmon was given the green light to join the Compton Reid matter. He is being represented by Attorney Roysdale Forde.

Williams told reporters that although the timelines that have been set out are “tight”, he intends to proceed with his submissions and arguments. He said the government maintains its position that the motion was not passed by a majority in the 65 member Parliament.

But attorney Anil Nandlall, who is the lead attorney for Jagdeo, said he is also ready to proceed.

He said the government has it wrong and the motion was carried by a majority of 33 votes and will make that point during his oral submissions.

CMC/gt/ir/2019

Posted in CARICOM, Court, Elections, International, News, Politics, Regional0 Comments

May survives vote, but Britain remains in Brexit deadlock

https://youtu.be/Wx49EPIerTs

Prime minister invites party leaders to discuss alternative deal but sticks to red line

Heather StewartJessica Elgot and Peter Walker

 Theresa May survives no-confidence motion by 19 votes – video

Theresa May has survived as prime minister after weathering a dramatic no-confidence vote in her government, but was left scrambling to strike a Brexit compromise that could secure the backing of parliament.

In a statement in Downing Street on Wednesday night, the prime minister exhorted politicians from all parties to “put aside self-interest”, and promised to consult with MPs with “the widest possible range of views” in the coming days.

She had earlier announced that she would invite Jeremy Corbyn and other party leaders for immediate talks on how to secure a Brexit deal, although Labour later said Corbyn would decline the invitation unless no-deal was taken off the table.

A day after overwhelmingly rejecting her Brexit deal, rebel Conservatives and Democratic Unionist party (DUP) MPs swung behind the prime minister to defeat Labour’s motion of no confidence by 325 votes to 306 – a majority of 19.

The prime minister immediately extended her invitation to opposition leaders, having pointedly declined to do so earlier in the day.

“I would like to ask the leaders of the parliamentary parties to meet with me individually, and I would like to start those meetings tonight,” she said. Corbyn responded by urging May to rule out no-deal.

In her late-night statement, the prime minister said: “I am disappointed that the leader of the Labour party has not so far chosen to take part – but our door remains open … It will not be an easy task, but MPs know they have a duty to act in the national interest, reach a consensus and get this done.”

The Scottish National party’s leader in Westminster, Ian Blackford, met May on Wednesday night, and the Liberal Democrat leader, Vince Cable, also accepted her invitation.

Blackford later wrote to May, urging her to make a “gesture of faith” to show that she was serious. He said that the SNP would take part in cross-party talks if she was able to confirm “that the extension of article 50, a ruling out of a no-deal Brexit and the option of a second EU referendum would form the basis of those discussions”.

With just five days to go before May must make a statement to parliament setting out her Brexit plan B, Downing Street continued to indicate that she was not ready to budge on her red lines, including membership of a customs union.Advertisement

Conservative politicians are deeply divided about how May should adapt her deal to win over hostile MPs.

The South Cambridgeshire Tory MP, Heidi Allen, said: “I thought she was incredibly brave [after the Brexit defeat] and it felt like she got that we need to change. But today it was: ‘I’ll talk to people, but my red lines are still there.’ And that’s not going to work at all.

“Maybe the prime minister needs a little bit longer but she has got to reflect: stop pandering to the hard right of my party and start talking to those of us who have been working across parties for months. We’re a functioning, collaborative body already. She just needs to tap into us.”

Some cabinet ministers clearly indicated the need for flexibility, with the justice secretary, David Gauke, warning that the government should not allow itself to be “boxed in”, and Amber Rudd suggesting a customs union could not be ruled out.

Labour has not ruled out tabling further no confidence votes in the days ahead, in the hope of peeling off exasperated Tory rebels and triggering a general election. But on Wednesday night other opposition parties sent a letter to Corbyn, which said they expected him to honour his promise to back a public vote if Labour failed to get an election.

A Lib Dem source suggested they may not back future no confidence votes if they felt it was a way to evade the issue. “We will support any real opportunity to take down the Tories with relish. We will not be party to Corbyn using spurious means to avoid Labour policy, by pursuing unwinnable no confidence votes,” the source said.

The DUP was quick to stress that without their 10 MPs, the government would have lost the confidence vote, and called on May to focus on tackling their concerns with the Irish backstop.

“Lessons will need to be learned from the vote in parliament. The issue of the backstop needs to be dealt with and we will continue to work to that end,” said Nigel Dodds, the DUP leader at Westminster.

May’s spokesman said a no-deal Brexit could not be ruled out. However, the Daily Telegraph claimed to have got hold of a recording of Philip Hammond speaking to business leaders on Tuesday night in which the chancellor said the threat of a no-deal could be taken “off the table” within days.

May’s spokesman suggested a customs union was not up for discussion: “We want to be able to do our own trade deals, and that is incompatible with either the or a customs union.”

After meeting party leaders, May is expected to extend the invitation to opposition backbenchers over the coming days, as well Tory Eurosceptics.

“We want to find a way forward and we are approaching this in a constructive spirit,” May’s spokesman said. “We’ve set out the principles but clearly there is an overriding aim – to leave the European Union with a good deal – and we are open-minded.”

Civil servants and political staff are likely to attend the meetings, and ministers can direct civil servants to draw up more concrete plans where necessary, but the talks will not have the same formal status as coalition negotiations.

Wednesday’s vote followed an ill-tempered debate in which Corbyn accused May of presiding over a “zombie government”.

“It is clear that this government are not capable of winning support for their core plan on the most vital issue facing this country. The prime minister has lost control and the government have lost the ability to govern.”

Labour’s deputy leader, Tom Watson, wound up the debate for his party by saying May would for ever be known as “the nothing-has-changed prime minister”.

“No one doubts her determination, which is generally of an admirable quality, but, misapplied, it can be toxic,” he said. “And the cruellest truth of all is that she doesn’t possess the necessary political skills, empathy, ability, and most crucially, the policy, to lead this country any longer.”

The environment secretary, Michael Gove, responded with a robust speech widely regarded at Westminster as a leadership pitch, praising May’s “inspirational leadership” and attacking Corbyn on issues from antisemitism to foreign policy.

“If he cannot protect the proud traditions of the Labour party, how can he possibly protect his country?” he asked.

One former Labour MP, John Woodcock, who resigned from the party after being investigated over sexual harassment claims, abstained from the vote, saying Corbyn was “unfit to lead the country”.

Had the motion passed, MPs would have had 14 days for an alternative government to emerge that could command a majority in the Commons, or a general election would have been triggered.

Corbyn is now likely to come under pressure from party activists to move towards supporting a second referendum. A group of more than 70 Labour MPs announced on Wednesday morning that they were backing the call for a “people’s vote”.

Labour’s formal position, adopted at its conference in Liverpool last year, commits the party to press for a general election. Failing that, all options are on the table, including that of campaigning for a second referendum.

Please support The Montserrat Reporter


Posted in Business/Economy/Banking, Elections, Featured, News, Politics, UK - Brexit0 Comments

image

Government and opposition agree to expeditious conclusion of matters surrounding no-confidence vote

In an atmosphere of cordiality, both parties, committed to working together on all matters relating to the protection of Guyana’s sovereingty, regardless of internal political issues

by STAFF WRITER

GEORGETOWN, Guyana, Jan. 10, CMC –  The Government of Guyana and the Parliamentary Opposition have committed to work towards concluding  matters surrounding the December 21,  vote in the National Assembly, which is currently engaging the attention of the court.

This was disclosed in a joint communique issued by both parties following the meeting on Wednesday.

According to the communique, the two sides met in an atmosphere of cordiality and committed to working together on all matters relating to the protection of Guyana’s sovereignty, regardless of the internal political issues.

Discussions focused on two broad areas as set out in an agenda put forward by President David Granger. These included the Constitutional and Legal situation, which involves the functioning of the National Assembly and Regional and General Elections.

The President indicated that the Government and the Opposition, by agreement in the National Assembly, can enlarge the time for the hosting of the elections beyond the 90 days contemplated by Article 106 (7) of the Constitution.

Opposition Bharrat Jagdeo   called for the National Assembly to only meet to deal with issues connected with the provision of essential services by the State and all matters related to the preparation of General and Regional elections.

However, Granger stated that it is lawful for the Government to engage the Court, to bring clarity to the provisions of Article 106 (6) and 106 (7) of the Constitution. Pending the conclusion of the legal proceedings, Parliament, he said, remains functional.

The Head of State emphasised that the Government is legal and that it must govern without any limitations on its authority. He further stated that there is no provision in the Constitution which imposes a limitation on the Government to perform its lawful functions.

The parties then identified Minister of Social Protection, Amna Ally and Opposition Chief Whip, Gail Teixeira to enquire into the readiness of GECOM.

Both parties expressed their willingness to meet to ensure the management of the various issues facing the nation.

 Granger, in an address immediately following Wednesday’s meeting, said the two sides will examine the hosting of the elections within the administrative capabilities of GECOM and deemed the meeting “fruitful.”

I would say in conclusion, that we have had a successful engagement, both the leader of the Opposition and the President are concerned about the situation. We would like to assure the public of Guyana that we are working to a solution which they will be satisfied with, the public interest is our paramount concern.”

US group welcomes agreement between president, opposition in Guyana

Meanwhile, the Brooklyn, New York-based Caribbean Guyana Institute for Democracy (CGID) that wrote to the Speaker of the Guyana Parliament, Dr. Bartland Scotland, requesting that he considers annulling the vote of no confidence that brought down the in the David Grange coalition government. has welcomed the agreement between Guyana’s President David Granger and Opposition Leader Bharrat Jagdeo “to create a climate of détente in Guyana”.

This came after, as reported above, Granger and a ministerial delegation met Wednesday with Jagdeo and a delegation from the opposition People Progressive Party (PPP) to discuss current political developments in Guyana. 

In keeping with Article 106 (7) of the Guyana constitution, they also agreed to remain in consultative engagement on the continued functioning of government and the Parliament.  

Article 106 (7) of the constitution states that “Notwithstanding its defeat, the government shall remain in office and shall hold an election within three months, or such longer period as the National Assembly shall by resolution supported by not less than two-thirds of the votes of all the elected members of the National Assembly determine, and shall resign after the President takes the oath of office following the election.” 

CGID said on Wednesday that it “hopes that the opposition will also adhere to this provision as prescribed.

“CGID welcomes this development,” said Richford Burke, CGID president.

Posted in Business/Economy/Banking, CARICOM, Elections, Featured, International, Local, News, Politics, Regional0 Comments

President Granger and Opposition Leader Jagdeo end talks

President Granger and Opposition Leader Jagdeo end talks

by staff writer

GEORGETOWN, Guyana, Jan 9, CMC – President David Granger said Wednesday that agreement had been reached with Opposition Leader Bharrat Jagdeo that regional and general elections will be held within the administrative capability of the Guyana Elections Commission (GECOM).

Granger, speaking following the 75-mnute talks with Jagdeo on the way forward following the December 21 motion of no confidence that led to the downfall of his coalition A Partnership for National Unity (PNU) said he has also assured the opposition that there is no intention by his administration to derail the Constitution of Guyana.

Opposition Leader Bharrat Jagdeo (left) and President David Granger (Right) greet each other prior to the talks (DPI Photo)

“He is assuring the public that both sides are working towards a solution and that public interest remains paramount for the Coalition Government,” according to a government statement issued follow the meeting.

The talks were held at the Ministry of the Presidency and follows the decision of former government back bencher, Charrandass Persaud, who sided with the motion by Jagdeo, to give the People Progressive Party (PPP) a 33-32 victory in the 65-member National Assembly.

The PPP has since called on the government to name the date for fresh general elections which it says must be held before March this year.

As he emerged from the meeting Jagdeo told reporters that “it was a good meeting so far”.

Granger was accompanied by a delegation that includes Prime Minister Moses Nagamootoo, Public Security Minister, Khemraj Ramjattan and Foreign Affairs Minister, Carl Greenidge while Jagdeo’s J six-member delegation includes Juan Edghill, Anil Nandlall, Odinga Lumumba and Dr. Frank Anthony.

Greenidge  told reporters that the meeting was a win for everybody without elaborating.

A joint communique is  expected to be issued later and Jagdeo and members of his delegation are expected to host a news conference at 2.00 pm (local time) on Wednesday.

Posted in Business/Economy/Banking, Elections, International, Local, Politics, Regional0 Comments

Caribbeean News Service logo

Forces in Trinidad and Tobago linked to downfall of Guyana government

Dec 28, 2018 – Caribbean News Service – A senior official of the People’s National Congress Reform (PNCR) Friday said “forces in Trinidad and Tobago” had colluded with the main opposition People’s Progressive Party (PPP) to bring about the demise of the coalition government.

“It should be noted that Charrandass Persaud himself acknowledges the bribe by asking ‘what is wrong if I get paid?’ In his own words, he has admitted his embrace to the treacherous PPP culture of getting rich through corruption and lawlessness,” said PNC executive member Aubrey Norton.

Persaud voted with the PPP last Friday after Opposition Leader Bharrat Jagdeo successfully tabled a motion of no confidence that brought about the downfall of the David Granger-led, A Partnership for National Unity (APNU) government.

The APNU had enjoyed a slender one seat majority in the 65-member National Assembly and Persaud later told reporters he had voted with the opposition in a bid to clear his conscience.

Norton told a news conference that the party is in possession of the information regarding the role played by the Trinidad and Tobago forces and knows of the meetings at hotels in Trinidad, but it will not provide the details of its information to the public at this time. He told reporters that a senior PPP official is obsessed with wanting to control the wealth of Guyana that will emanate from the oil sector and as a result was willing to do anything to achieve his objectives.

Norton said that it was for this reason, the senior PPP official “colluded with forces in Trinidad and mobilised resources to bribe a sitting member of parliament in pursuance of his hunger for wealth and power.”

Norton said that the APNU, whose other significant member includes the Alliance for Change (AFC), to which Persaud was a sitting member when he voted to bring about the downfall of the government, is prepared to contest any general and presidential election. But he said the government as well as the PNCR were keeping “all options” open and dismissed calls by Jagdeo for the present administration to resign.

Jagdeo has also said that the PPP has no plans to attend Parliament next Thursday and is open to meeting with the government before then to discuss elections matters.

On Friday, Jagdeo held talks with representatives of the major western missions here to brief them on the recent passage of the no confidence motion and to outline the PPP’s concerns.

The one-hour meeting was attended by officials of the United States, Canadian and British missions as well as the European Union.

Neither Jagdeo nor the officials would comment following the meeting.

Posted in Business/Economy/Banking, CARICOM, Elections, Entertainment, Local, News, Politics, Regional0 Comments

PM says Speaker will have to address allegations that legislator was bribed

PM says Speaker will have to address allegations that legislator was bribed

GEORGETOWN, Guyana, Dec 29, CMC – Prime Minister Moses Nagamootoo says the Speaker of the National Assembly, Dr. Barton Scotland,  will have to address allegations that former government back bencher Charrandass Persaud had been bribed into voting in favour of a successful opposition inspired motion of no confidence against the government last weekend.

“If a vote in the National Assembly was procured by unlawful means to overthrow a constitutionally elected government that will have serious implications and the Speaker will have to address that issue,” Nagamootoo said.

“If you had a member of parliament who knew that he had lost confidence in his party or his slate, he should have indicated to the House that he no longer wanted to support his slate and he wanted to endorse another slate so that the House would know how to deal with that situation,” he added.

Persaud, who has since announced his resignation from the ruling coalition government, has said that he voted with the opposition in a bid to clear his conscience.

“My conscience was stifled for long…they (government) voted for things that should not have happened, period”, Persaud told reporters soon after the vote.

But there have been several reports posted on social media claiming that a bribe had been paid to the former legislator and on Friday, a senior official of the ruling People’s National Congress Reform (PNCR), Aubrey Norton, accused a senior official of the opposition People’s Progressive Party (PPP) of colluding “with forces in Trinidad and mobilised resources to bribe a sitting member of parliament in pursuance of his hunger for wealth and power”.

Nagamootoo said that the Speaker of the House will also have to consider whether a simple 33 or 34 votes were needed for the motion to be carried. He said there is an overwhelming view that the motion needed 34 votes to pass and that this was known to the opposition.

“They were privy to a legal opinion that says you needed 34. And so, they are in a quandary now how to deal with the situation because the Speaker had indicated at the last sitting that he will return on the 3rd of January to address the consequences of the votes, meaning, did it meet the threshold under the constitution for a majority?”

Prime Minister Nagamootoo said people are “coming to grips” with the reality that it is not a majority that is catered for in the Standing Orders, as the House regulates its own procedures. The majority, he said, is addressed in the Constitution.

“So, the constitutional majority will have weigh, more significance on how does one arrive at a majority… The formula has been one half plus one. So, if you have 64 members of the parliament, your one half would be 32 and a majority would be 33. How then can you have 33 as a majority for 65, unless you can prove that 64 is equal to 65.

“So, you can see already that it is producing an absurd conclusion, and the constitution would have never contemplated the creation of an absurdity,” he added.

Following the 2015 presidential and general elections, the coalition government received a slender one seat majority in the 65-member National Assembly and Prime Minister Nagamootoo defended the earlier decision of the government to accept the ruling last Friday that the motion had been successfully put to the vote.

“We accepted the ruling of the Speaker, because as an attorney-at-law when a judge makes a ruling, you accept the ruling until you’re able to have that ruling withdrawn, those are things a court would do if it found it had been in error,” he said.

 

Posted in Business/Economy/Banking, CARICOM, Elections, International, Local, News, Politics, Regional0 Comments

US-based group writes Speaker of Guyana Parliament

US-based group writes Speaker of Guyana Parliament

By Nelson A. King

NEW YORK, Dec 26, CMC – The US-based Caribbean Guyana Institute for Democracy (CGID) has written to the Speaker of the Guyana Parliament, Dr. Bartland Scotland, requesting that he considers annulling last weekend’s vote of no confidence that brought down the in the David Grange coalition government.

In the letter, the CGID said it is relying on Article 153 (a) and (b) of the Guyana Constitution, that notes  “a member of the National Assembly elected on a list shall cease to be a member of the Assembly if: (a) “He or she declares in writing to the Speaker or to the Representative of the list from which his or her name was extracted that he or she will not support the list from which his or her name was extracted;” and (b) “He or she declares in writing to the Speaker or to the Representative of the list from which his or her name was extracted, his or her support for another list.”

Guyana Parliament Building (File Photo)

Last Friday, government backbencher Charandass Persaud voted with the opposition Peoples Progressive Party (PPP) to win the no-confidence motion in the 65-seat National Assembly after several hours of debate.

The Granger led A Partnership for National Unity (APNU) coalition had held a slender one-seat majority since the 2015 general elections.

In the December 24 letter, CGID said that “Persaud publicly withdrew his support for the APNU+AFC coalition List from which he was extracted and declared his support for the PPP/C List.

“Consequently, in accordance with Article 153 (a) and (b) of the Guyana Constitution, it is the position of CGID, having consulted with several attorneys in Guyana and internationally, that Mr. Charrandass Persaud’s vote for the no confidence motion against the government on December 21 is null, void and of no legal effect, and should be vitiated,” CGID wrote.

“The institute, therefore, respectfully solicits your review and sanction of this matter of urgent national importance,” it added.

The CGID said that, prior to the Constitution Amendment Act of 2007, Article 156.3, an original provision of the Constitution, stated that “A member of the national Assembly elected on a list shall be disqualified from being a member of the Assembly, if he or she in the prescribed manner, declares that he or she will not support the list from which his or her name was extracted or, declares that he or she abstain from supporting that list or, declares his or her support for another list.”

CGID said this original provision, Article 156.3, was repealed and replaced with the extant provisions of Article 153 by the Constitution Amendment Act of 2007.

“The amendment, notwithstanding the fundamental intent of the framers of the Constitution, remains applicable and paramount to the interpretation of the extant provisions of Article 153,” CGID wrote, adding that the Constitution “comprises binding rules which govern the organization, powers and administration of government and society.

“The intent of the framers, thereof, is the jurisprudential standard for constitutional interpretation,” it added.

CGID said the framers of the Guyana Constitution intended, in Article 153 (a) and (b), that “a member of the Assembly, elected by the people and extracted from his party’s List, cannot act against, refuse to support nor vote against the List from which he or she was extracted, and neither can a member vote for, with or in support of another List, without first declaring such intent to the Speaker in writing.”

Consequently, the US based group said that Article 153 (a) and (b) of the Guyana Constitution “mandates that any member who, accordingly, makes such declaration against the List from which he or she is extracted or in support of another List, shall cease to be a member of the National Assembly.

“The commission of an act against the List from which a member was extracted, as well as an act in support of another List, for which a written declaration was deliberately and deceitfully withheld from the Speaker, likewise violate the provisions of Article 153 (a) and (b), and similarly disqualifies such a member immediately from the Assembly, since the intention of the Constitution is for the member to fully honor the content of Article 153 to the letter,” it said.

CGID said Article 153 clearly mandates that “before a member acts against the List from which he or she was extracted, or in support of another List, a declaration of that intent must be first submitted to the Speaker, the consequence of which, or the failure to so declare, require nullification of the act by the Speaker and disqualification of the member from the Assembly.

“Article 153, therefore, safeguards against the government side of the Assembly bringing itself down,” CGID said. “It follows, therefore, that a public withdrawal of support for the List from which a member was extracted and the public declaration of support for another List, with or without a declaration to the Speaker, automatically triggers or invokes Article 153 (a) and (b), and such member shall cease to be a member of the Assembly.

“Honourable, Speaker, on Friday, December, 21, 2018, Mr. Charrandass Persaud, then a member of the Assembly, who was extracted from the APNU+AFC coalition List, voted in favour of the no confidence motion that was tabled in the National Assembly by the parliamentary opposition, against the APNU+AFC coalition government of Guyana, enabling its passage,” added CGID in its letter to Scotland.

As a result of Friday’s no confidence vote, Guyana is preparing for general elections early next year.

Persaud, a lawyer, told reporters after the vote that his conscience had been “stifled for long,” adding that he had not been offered any money or position by the opposition to vote against the government.

Persaud, who had long criticized the PPP as “corrupt” and “out-of-touch”, among other things, said he will be tendering his resignation to Parliament and the Alliance for Change (AFC), a partner in the coalition government, and that he would not be returning to the House as a Member of Parliament for the AFC.

In the interim, Opposition Leader Bharrat Jagdeo, a former president, said that he plans to meet with Granger on several issues. The meeting is scheduled for next month.

Posted in Business/Economy/Banking, CARICOM, Elections, International, News, OECS, Politics, Regional0 Comments

Antiguans and Grenadians vote against replacing Privy Council

Antiguans and Grenadians vote against replacing Privy Council

Antigua and Barbuda vote in favour of staying with the Privy Council

ST. JOHN’S, Antigua, Nov 6, CMC – Antigua and Barbuda Tuesday voted in favour of retaining the London-based Privy Council as its final court, according to the preliminary figures released here.

The Antigua and Barbuda Electoral Commission (ABEC) said that of the 17,743 votes counted, the “No” vote secured 9, 234 as against 8,509 for the “Yes” vote.

Voters here had been casting ballots to decide whether to retain the Privy Council or instead move to the Trinidad-based Caribbean Court of Justice (CCJ) that was established in 2001 to be the region’s final court.

Prime Minister Gaston Browne had hoped that Antigua and Barbuda would have joined Barbados, Belize, Dominica and Guyana as the only Caribbean Community (CARICOM) countries to be full members of the CCJ that also serves as an international tribunal interpreting the Revised Treaty governing the 15-member CARICOM grouping.

“I have discharged my responsibility to make the option of transitioning from the Privy Council to the Caribbean Court of Justice available to the people of Antigua and Barbuda. I think it is a great opportunity for them.

“ I urge them to go out and vote “yes” …and in any event whatever the decision I will be guided accordingly, but as far as I am concerned I have delivered in the responsibility to make this very important option available to the people of Antigua and Barbuda,” Prime Minister Browne said, soon after casting his ballot on Tuesday.

But the main opposition United Progressive Party (UPP) has said it is not supportive of the move to replace the Privy Council and had urged supporters to vote their conscience.

ABEC said that 33.5 per cent of the electorate voted in the referendum and that the “No” vote had secured 52.04 per cent with the “Yes” vote gathering 47.96 per cent.

The chairman of the National Coordinating Committee on the Caribbean Court of Justice (CCJ), Ambassador Dr. Clarence Henry, said while he is disappointed in the results “the people have spoken and we accept the verdict.

“The result is a result that demonstrates democracy. The people have spoken and certainly we will need to reflect on the loss. However, I am of the firm conviction that as we move towards consolidation of the regional integration movement, our people whether in St. Lucia, St. Vincent and the Grenadines, Grenada or Antigua, the greater appreciation of the institutions that we have created will become even more appreciated, celebrated in order for us to find our place in the global community.”

Henry said it is imperative for the region to “build our Caribbean institutions, no matter the struggles, no matter the challenges and no matter the defeats.

“We must redouble our efforts at deeper and fuller education of our institutions and ;place them within the curriculum of our schools in the region,” he told the Caribbean Media Corporation (CMC).

Head of the Barbados-based Caribbean Development Research Services (CADRES), Peter Wickham, whose organisation had conducted an opinion poll and had predicted that the “yes” vote would have received the required support to take the island into the CCJ, expressed disappointment at the outcome.

“I am not Antiguan but I am disappointed for Antigua and the rest of the Caribbean. I think this is an unfortunate result equally so because the same thing was replicated in Grenada (today) and I really do hope that in the future we can get back on track.

“But the most I can say is that I am disappointed. I think this is an opportunity for Antigua and Barbuda to have created history and to set a course of a circle of development and ultimately the population said no,” he added.

Grenadians vote against replacing Privy Council

ST. GEORGE’S, Grenada, Nov 6, CMC – Grenadians voted for a second time within a two year period, to reject efforts to replace the London-based Privy Council as the island’s highest court.

In a national referendum on Tuesday, the preliminary figures released by the Parliamentary Elections Office (PEO) show that the “No’ vote secured 12,133  as compared to 9,846  for those supporting the efforts to replacing the Privy Council with the Trinidad-based Caribbean Court of Justice (CCJ) that was established in 2001.

The CCJ also functions as an international tribunal interpreting the Revised Treaty of Chaguaramas that governs the regional integration movement, CARICOM.

Grenadians voting in referendum (File Photo)

While most of the CARICOM countries are signatories to the Original Jurisdiction of the CCJ, only Barbados, Belize, Dominica and Guyana have signed on to the Appellate Jurisdiction.

The PEO said a total of 79,401 people were registered to vote in the referendum, where the voters were asked to either support or vote against the question “Do you approve the Bill for an Act proposing to alter the constitution of Grenada cited as Constitution of Grenada (Caribbean Court of Justice and renaming of Supreme Court) (Amendment) Bill 2018?”

The country needed a two-thirds majority of the total number of ballots cast for it to join the CCJ.

In 2016, Grenadians voted overwhelmingly to reject seven pieces of legislation, including that of the CCJ, which would have reformed the constitution the island received when it attained political independence from Britain 42 years ago.

They voted by a margin of 9,492 in favour with 12,434 against.

Prime Minister Dr. Keith Mitchell, soon after casting his ballot told reporters that if the referendum fails, there will not be another attempt to replace the Privy Council with the CCJ under his leadership.

Mitchell had said he was “quietly confident” that the two-thirds majority would have been achieved in getting Grenada to join the CCJ.

“I really don’t have a problem with voices who say they want to say no but to concoct false stories to confuse people, for what I reason I don’t know,” he said, “this is not about party, this is about our children and grandchildren”.

The main opposition National Democratic Congress (NDC), which initially had supported the move to replace the Privy Council, had urged the population to vote “no” on Tuesday with the party’s interim leader, Joseph Andall, saying that the new position was taken  because members were not satisfied with the process.

“For example, two of the persons who were involved in drafting the Bill are members of the Advisory Committee, therefore they have a vested interest in defending and protecting the bill, it means there is no objectivity when it comes to a discussion regarding discrepancies, flaws or omission,” he said.

Posted in Business/Economy/Banking, CARICOM, Court, Elections, Featured, International, Legal, Local, OECS, Politics, Regional0 Comments

Antigua independence

CARICOM congratulates Antigua/Barbuda on its 37th Independence Anniversary

 
(CARICOM Secretariat, Turkeyen, Greater Georgetown, Guyana)     Antigua and Barbuda’s ‘invaluable contribution’ to regional integration and ‘active participation in the Councils’ of the Caribbean Community have been highlighted as CARICOM congratulates the country on 37 years of Independence.
 
Secretary-General Ambassador Irwin LaRocque, in a congratulatory message to Prime Minister Hon. Gaston Browne said:
 
“Under your leadership as Head of Government responsible for Services within the CARICOM Quasi-Cabinet, Antigua and Barbuda has advanced the Region’s efforts, as it seeks to build competitiveness, unleash key economic drivers to growth and address the grave challenges to its financial services.”
 
The Secretary-General also noted that Antigua and Barbuda has made great strides in its development since independence.
 
“Indeed the theme for this year’s Independence celebration, “Antigua and Barbuda: Forward Together” is an apt reflection of the firm determination and steadfastness of the Antiguan and Barbudan people in their efforts to ensure the sustainable development of the nation,” he stated.
 
Antigua and Barbuda observe their Independence Anniversary on Thursday 1 November 2018.
 

 

 
 
 

Posted in Business/Economy/Banking, CARICOM, Elections, International, Local, News, Regional0 Comments

Please Support The Montserrat Reporter

This is bottom line for us! Unless we receive your support, our effort will not be able to continue. Whatever and however you can, please support The Montserrat Reporter in whatever amount you can (and whatever frequency) – and it only takes a minute.
Thank you

TMR print pages

Flow: (MON) Handset Upgrade

Know about your Land Transactions

Newsletter

Archives

Flow: Handset offer – Upgrade

https://indd.adobe.com/embed/2b4deb22-cf03-4509-9bbd-938c7e8ecc7d