Deputy Speaker erred – AG – by prohibiting Minister Rohee from speaking

ATTORNEY General and Minister of Legal Affairs, Anil Nandlall said that the Deputy Speaker of the National Assembly, Deborah Backer, has led herself into great error by barring Minister of Home Affairs, Clement Rohee, from speaking in the House.

altHe explained that according to Backer herself, she purported to give effect to a decision of the National Assembly which prohibited the minister from speaking. However, such a decision was never made.
“The National Assembly never made a decision to prohibit Minister Rohee from speaking…it was the Speaker who had imposed a prohibition against the minister.  The Opposition had first used their majority to pass a no confidence motion against the minister shortly after three civilians were shot and killed during a protest in Linden. At that time, the Speaker ruled that a no confidence resolution was insufficient to gag the minister; and that he, as Speaker, had no power to make such a ruling,” the AG said.
The AG further stated, “Another motion was then brought before the House, specifically to prohibit the minister from speaking; however, before it could have been passed, the Speaker, after hearing the arguments put forward by both sides of the House, made a decision to transmit the issues raised in that motion, to the Privileges Committee. He further ruled that in the interim, Minister Rohee will not be allowed to speak, nor will any matter brought to the House in his name, be recognised.”
The minister also recalled that subsequent to that ruling, the Speaker removed that prohibition after being advised by legal experts both locally and overseas and having regard to the ruling of the High Court.
On January 11, the Chief Justice ruled that Minister Rohee has a constitutional right as an elected member of the National Assembly to speak on any matter and that his constituents have a reciprocating right to have their representative in the Parliament speak on their behalf.
“The court pronounced that Minister Rohee had a right to speak, which is grounded in the Constitution and neither the National Assembly nor the Speaker can prevent the minister from speaking,” the Legal Affairs Minister affirmed.
At the February 7 sitting, Minister Rohee was permitted to take the floor, when he spoke of recent developments in the security sector and the reforms that are under way.
“By permitting Minister Rohee to speak, the Speaker effectively had lifted the ban and therefore there was no basis whatsoever for the Deputy Speaker to have prevented the minister from exercising his right to speak,” the AG concluded.

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