MINISTER of State Joseph Harmon has said that Government has no fixed position on the future of the Parking Meter Project, but hopes that the 90-day suspension will allow good sense to prevail.
“We have not taken a position as to what happens after the three months, but we do believe that good sense will prevail and will be able to get a favourable outcome,” Minister Harmon told reporters on Thursday during the post-Cabinet media briefing at the Ministry of the Presidency.
The minister of state said, on Tuesday, Cabinet had deliberated on the actions taken by the Georgetown City Council subsequent to its decision to have the Parking Meter Project suspended for three months, to allow for the review of the agreement.
Disappointed with the decision of the majority of the Council to vote against the suspension, Minister Harmon said the Minister of Communities Ronald Bulkan was instructed to formally suspend the operation of the by-laws governing the Parking Meter Project with effect from Tuesday, March 21.
“The Minister of Communities acted on the advice of the learned Attorney General and Minister of Legal Affairs, Basil Williams,” the Minister of State pointed out, while adding that he is convinced that Minister Bulkan acted in keeping with the law.
Public Security Minister Khemraj Ramjattan was also instructed to advise the commissioner of police to ensure that as of Wednesday, March 22, citizens and their vehicles would receive the protection of the Guyana Police Force to prevent them and/or their vehicles from being unduly hindered or restrained in any way, whatsoever, by the City Council or its agents.
Minister Harmon reiterated that it is the hope of the Government that during this period of suspension, the parties involved would participate in a meaningful process of negotiation and consultation. Town Clerk Royston King is expected to meet with the Minister of Communities on this issue.
DEFIANCE
On Monday, the Council voted in favour of a motion that sought to defy Bulkan’s “order” to have the parking meter by-laws suspended for three months. The councillors, who did so, did so on the basis of a document containing legal advice that was sought to counteract the minister’s order, felt they needed time to “study” such advice.
According to the legal advice City Hall received from lawyer Roger Yearwood, the Municipal and District Councils Act “does not permit the honourable minister to direct the Council to suspend any contract or by-laws enacted by it as the honourable minister purports to do by his order dated 17th day of March, 2017.”
Yearwood, in the document, said it is important to note that the minister’s order does not suspend the by-laws, but directs the Council to do so.
“As such, if the Council accedes to this mandate, it is the act of the Council that will be effective to suspend the by-laws and not the order of the honourable minister. This would necessarily leave the Council susceptible to a claim for breach of contract by Smart City Solutions (SCS).”
Before the minister’s direction, Town Clerk, Royston King, had written to Minister Bulkan asking him to consider that there is no provision in the contract between M&CC and SCS to suspend it in part or in its entirety.
“The suspension of the contract operates as a breach of contract and would therefore trigger the compensation clause.”
Chairman of the Finance Committee, Oscar Clarke, who is also the General Secretary of the People’s National Congress (PNC), offered that after the minister communicated Cabinet’s recommendation, the City Council thought it necessary to seek legal advice. This, he said, is due to the fact that the decision regarding parking meters has to be taken by the Council and not the minister. Clarke said it is clear that everyone will want to know of the legal implications of suspending the by-laws, including Minister Bulkan himself.
He said the City Council will not want to follow the route that Cabinet has recommended without legal advice.