Chief Justice (acting) Ian Chang on Friday continued hearing arguments into the granting of a Conservatory Order to stay government spending on programmes not approved in the 2014 National Budget. 

Attorney General Anil Nandlall who is representing Finance Minister Ashni Singh began his presentation and is expected to conclude Wednesday next.
Speaking to the media after the hearing which is being held in chambers, the Attorney General stated that his line of argument is intended to show the procedural deficiencies that afflict the proceedings as filed. He said his argument on Friday was aimed at showing that the Finance Minister is wrongly named as a party to the proceedings as the State Liability Act clearly states that any action against the state should be brought against the Attorney General.

Further he said that he argued that a Conservatory Order is a special type of order that the constitution allows to be granted only when there is an allegation of the violation of the fundamental rights of a citizen. “In this action there is no allegation that anyone’s fundamental rights have been contravened. This case does not touch or concern fundamental rights at all,” he stated. He further explained that as a result the repertoire of remedies is not available in this type of proceedings therefore the court does not have the power to grant the Conservatory Order.
Replying to questions on what, if any, effect the granting of the Conservatory Order would have on Government’s spending in 2015 and the usefulness of the Opposition proceeding with the action, the Attorney General pointed to the Fiscal Management and Accountability Act which provides the mechanism by which the state is to be financed until an Appropriation Act or the National Budget is passed. “That is standard in every year and a conservatory order cannot interfere with the Government’s ability to spend,” he stated.
He further explained that were the court to grant the Conservatory Order requested “what are they conserving? … the $37B was spent and the statement of expenditure has been laid in the National Assembly saying that,” he stated.
The Leader of the Opposition, David Granger through his attorneys in November last year filed an Action challenging the legality of Government’s spending the $37.5B on programmes not approved in the National Budget. The Conservatory Order was sought to prevent further spending on the programmes after a Statement of Excess was laid in the National Assembly. The Attorney General has maintained that at the time of the filing of the Action (November 2014) most of Government’s spending for the year was completed.
The hearing is set to continue on Wednesday January 14 when the Attorney General is expected to conclude his argument. The attorneys for the Leader of the Opposition would then have a right to reply to the submissions by the Attorney General who is appearing on behalf of the Minister of Finance and Senior Counsel Ashton Chase who concluded his presentation on behalf of the Attorney General on Wednesday last.