The Mutual Assistance in Criminal Matters Bill of 2009 which provides for shared assistance in these matters between Guyana and Commonwealth countries with which Guyana has a treaty for such assistance has been unanimously passed in the National Assembly.

It enables the Central Authority for Guyana to request that a Commonwealth country assist in:

* obtaining evidence or information believed to be obtainable in that country;

* locating or identifying a person or thing believed to be in that country;

* obtaining, including by search and seizure if necessary, a thing believed to be in that country;

* serving a document on any person in that country;

* identifying, locating, or assessing the value of proceeds of a serious offence believed to be in that country;

* enforcing a confiscation, forfeiture, or restraining order in respect of property believed to be in that country;

* obtaining an order restraining dealings with proceeds of a serious offence believed to be in that country;

* arranging for a person believed to be in that country to come to Guyana to give evidence or assistance; or

* transferring a prisoner to Guyana to give evidence or assistance.

Home Affairs Minister, Clement Rohee, in whose name the Bill was moved, told the House that the legislation does not provide for the extradition of any person and does not affect any other form of cooperation in criminal matters between Guyana and other countries and agencies, such as Interpol.

He explained the function of Bill has to do with the identification of a person who, in the opinion of the state, can, in pursuing a criminal matter, give evidence in a court of law.

The state, the minister said, will be required to give justifiable reasons for its choice as enshrined in the law.

Rohee noted that once this is done, a request will be made to the country the person in question resides to have that person transferred to Guyana and this country will have to ensure that all procedures in the transfer are observed, except if these conditions have been waived.

The request for the transfer, the Home Affairs Minister said, will be kept confidential to avoid affecting the transferal of relevant documents, and there will be a restriction in the use of evidence or things obtained as a result of such a request by Guyana.

The legislation also confers privileges and immunities on a person who is in Guyana as a result of a request for assistance; in light of the level of transnational crime today, it is necessary for Guyana to cooperate with other countries to deal with these matters, and this is the thrust of the Bill.

People’s National Congress Reform-One Guyana (PNCR-1G) Parliamentarian, Deborah Backer, said her party supports the legislation but has some qualms with the Government passing progressive legislation in the House and being reluctant to operationalise them.

She emphasised that passing these Bills is good and so too is their implementation, and in the case of this Bill, her party will be looking forward for its speedy enactment which will be vital in assisting in the fight against crime.

Foreign Affairs Minister, Caroline Rodrigues-Birkett, pointed out that the legislation is timely and appropriate as countries can no longer assume that they are safe within their borders and they are not affected by external problems.

The sophistication of international crime, she noted, is way beyond the “pick-pocket” and Lusignan massacre, and if Guyana does not put steps in place to help in the fight against these atrocities, it might find itself being part of the problem.

Rodrigues-Birkett underlined that “planting the seeds at home” is the way forward in addressing this problem and moreover, it is consistent with international treaties and conventions that Guyana is a signatory to.

Further, the Foreign Affairs Minister said, Guyana as a party to the major anti-terrorism conventions must not shirk its responsibility in assisting the fight against international crime.

People’s Progressive Party Parliamentarian, Gail Teixeira, also spoke in support of the Bill and Minister Rohee, summing up the debate, said the legislation was brought before the House to address a valid and relevant matter.