By Ravin Singh

QUESTIONS by the opposition PPP in the National Assembly regarding President David Granger’s pardoning of non-violent offenders have been disallowed by Speaker Dr. Barton Scotland.
Using his Facebook page, Anil Nandlall, who represents the PPP on legal affairs in the House, posted the Speaker’s reply to him. Dr Scotland reasoned that the questions were “an abuse of the right of questioning” and the denial was in keeping with Standing Order 20 (2).

That Standing Order states that if the Speaker is of the opinion that any question of which a Member has given notice to the Clerk or which a Member has sought permission to ask without notice, is an abuse of the right of questioning or infringes any of the provisions of this or any other Standing Order, he or she may direct; (a) that it be printed or asked with such alterations as he or she may direct; or (b) that the Member concerned be informed that the Question is inadmissible.
The questions sought to source information regarding the name and last known address of each of the pardoned criminals; their date of birth; the offence (s) to which the pardon relates; the criminal antecedents or record; and the length of the sentence being served at the time when the pardoned was granted.
Further, Nandlall questioned what process, if any, was embarked upon and what criteria, if any, were employed, either by the President, or someone acting on his behalf, to determine eligibility for the pardons. He questioned too, how many of the persons, if any, to whom the President has granted pardons, have been subsequently charged with criminal offences and the names and offences of those persons.
Nandlall was taken aback by the Speaker’s decision not to allow the questions, saying that “something must be fundamentally wrong in a democracy when a non- elected member of the House seeks to prohibit an elected member of the House from asking questions that are indisputably of public importance and for which the public crave answers.”
He went on to further state that the transgression is compounded by the fact that the questions have been deemed “an abuse” without any reason provided for such a conclusion.
And although this attempt was barred, the Shadow Legal Affairs Minister noted that this is not the end of the matter as he will “continue the battle against a creeping dictatorship.”
Concerned too with the state of Parliamentary affairs, is Opposition Leader, Bharrat Jagdeo, who at a press conference on Wednesday afternoon said that the Government has suspended the standing orders and violated every parliamentary norm to get their way in parliament.
Jagdeo, speaking on behalf of his party said that they are concerned that their voices will be “muzzled in Parliament too”.
Weighing in on the pardoned criminals, Jagdeo acknowledged that the president has the power to issue pardons. However, according to him, the country has a right to know who those pardoned persons are.
“Not that we’re questioning his authority to pardon, but the country has a right to know; and this matter has been treated as a state secret” Jagdeo said.
He said too that the Speaker has demonstrated a pattern of behavior where he appears to take his lead from the President. He pointed to three instances where he believed Dr. Scotland did not use his own judgement in the National Assembly to pronounce on issue, but was guided by the posture of the Government on those issues.
Last year, the Head of State pardoned more than 70 convicts after assuming office in May. Most of those persons were said to be mothers who had committed “non-lethal” offences.
Though he did not say what the criteria for pardoning those criminals were, the President said that the process is governed by certain criteria.
“I have behaved always in accordance with the constitution and on the advice by the Minister of Legal Affairs and as far as I am concerned, as long as I continue to behave in a legal manner, in a constitutional manner, the people of this country have nothing to fear,” the President said.
Pardoned offenders are expected to participate in rehabilitative programmes that would help them to effectively reintegrate into society. It is the hope of the President and his Administration that those who have been, and will be given a second chance, make a meaningful contribution to the development of Guyana.