Constitution Amendment, AML/CFT Bills read before National Assembly
Attorney-General and Minister of Legal Affairs, Basil Williams
Attorney-General and Minister of Legal Affairs, Basil Williams

ATTORNEY-General and Minister of Legal Affairs, Basil Williams yesterday read the Constitution (Amendment) Bill 2015, and the Anti-Money Laundering and Countering the Financing of Terrorism (Amendment) Bill 2015 for the first time in the National Assembly. The introduction of these Bills in the House signals the resolve of the Coalition Government to fulfilling those commitments in the 100-day plan of its Manifesto.
Contrary to popular belief that the Opposition People’s Progressive Party/Civic (PPP/C) is needed to advance the Government’s Constitution (Amendment) Bill in the National Assembly, Williams is confident that that is not necessary.
In an interview with this publication, he said, “We don’t require [a] two-thirds majority to amend the particular provision that is under the microscope.”
The provision at reference seeks to liberate constitutional agencies such as the Guyana Elections Commission (GECOM), the Chambers of the Director of Public Prosecutions (DPP), and the Service Commissions, thereby allowing them to function independently of the National Assembly, particularly in terms of financing.
Meanwhile, the AML/CFT Bill saw its first reading, even in the face of challenges from the PPP/C to the amendments put forward by the A Partnership for National Unity (APNU), and the Alliance For Change (AFC) during their stint in the House as Opposition during the 10th Parliament.
This publication caught up with the Attorney-General who said without any doubt that the Bill currently before the National Assembly is “our version of the Bill, which we had introduced in the Special Select Committee in the last Parliament.”
The bill, Williams spoke of, was sent to the Special Select Committee in the National Assembly after much debate between the then People’s Progressive Party/Civic (PPP/C) Government, and opposition A Partnership for National Unity (APNU), and Alliance For Change (AFC) parties.
Customarily, when the Parliament dissolves, as was done in February of this year, the business considered in any parliamentary committee ends. WhileWilliams agreed with this, he said, “Once the Parliament ends, any work that was in progress would have been ended also, [and] it means that in this new Parliament, we come fresh. That’s why we could tell you we are bringing our bill.”
The AG was further asked if the David Granger administration is moving ahead with a bill that does not include inputs from the Opposition PPP,and he responded: “Our bill was in the last Select Committee, and they [PPP/C] addressed issues in our bill in that committee. They know everything about our bill.
“Our bill is to improve the governance structures, for example, and to make the AML part of the bill more efficacious in terms of combating money laundering,” he added.
But the PPP recently has come out to challenge those amendments, even continuing to challenge the decision of the APNU+AFC Government to strip the Attorney General of specific powers in the legislation and instead vesting that power in the Director of the Financial Intelligence Unit (FIU).
“Don’t forget” Williams declared, “I am the Attorney General, and I don’t feel there is a need for me to have that power. That power would reside in an independent appointee because our members provide for criteria for that candidate to be the director.”
Those criteria include the good character of the candidates for that position, as well as academic credits, and professional experience in law and finance, according to Williams. The AG saw this as a necessary step because of what he deemed the lack of checks and balances existing in Guyana.
“In countries like Barbados for example,” he explained, “they have checks and balances and respect for institutions, but Guyana is a kind of laissez-faire, free-for-all. And that was too awesome a power to be left in the hands of the Attorney-General under the previous government.”
Williams saw this as the first step in his government’s efforts “to restore respect for legal institutions, and have due regularity again under our system of governance.” The current amendments also include a provision of an independent, 10-man authority overseeing the affairs of the FIU, appointed by the Selection Committee in the National Assembly.
Both the Constitution (Amendment) Bill and the AML/CFT (Amendment) Bill will be read for the second time today, and after the third reading of those Bills, the National Assembly will approve those to be submitted to the President for his assent.
Williams was confident that President David Granger will assent to Bills passed by the National Assembly, once they have been done in the correct manner.

 

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