By Richard Bhainie

THE Ministry of Legal Affairs will play a crucial role in the development the country is set to undergo, with a number of legislation being crafted to complement and facilitate the developmental efforts.

During his Budget Debate presentation in the National Assembly on Monday, Attorney-General and Minister of Legal Affairs, Anil Nandlall, S.C, described the 2021 budget as laying the foundation upon which the edifice of modern Guyana will be constructed.

Subsequent to acknowledging the various projects and initiatives that will be a possibility as a result of Budget 2021, the Attorney-General elaborated on how the Ministry of Legal Affairs will play a crucial role in the developmental equation.

“Our major focus will be the creation of a modern legal infrastructure that will regulate these new and emerging sectors, while at the same time revamp our archaic laws to complete a new and modern legal framework for Guyana,” Nandlall said.

While making his argument, Nandlall listed a compendium of legislation and actions undertaken by his ministry to aid in these efforts, dismantling claims that there have been no signs of activity in these regards.

Earlier in the day, opposition member Roysdale Forde, S.C, Shadow Legal Affairs Minister, during his presentation, contended that “despite the grand talk of an active and rigorous Parliamentary agenda, there has been no progress and no signs of any activity or rigour”.

“There is not a single piece of legislation which has been identified in the Budget speech which would advance or improve the justice sector,” Forde added. The Attorney-General rebutted Forde’s contention, noting that of equal importance to what is contained in the budget is that which cannot be seen in the budget.

Nandlall highlighted that every conceivable area of economic activity will be targeted for legal reform and went on to list a gamut of legislation that his office is working on. Pertaining to the oil and gas sector, Nandlall explained that an international consultant will be retained by the government to draft a range of legislation governing that sector.

In the health sector, some 25 pieces of legislation have been identified for work to begin on, namely a new Public Health Act, a new Mental Health Act, Tissue Transplant legislation, and a Food and Drug Act.

The agricultural sector will see legislation dealing with the exportation of agricultural products, as well as the enactment of a Food Safety Act and a Food Security Act.

In the commercial sector, in addition to the Hire Purchase Bill which is currently before the Select Committee, an Anti-Dumping Bill, a Movable Property Security Bill and an E-Transactions Bill are currently being drafted.

The Procurement Act will be reviewed to strengthen the public procurement process and to create a more level playing field in order to accommodate small contractors. To strengthen border protection, a Bill is currently being drafted for the establishment of a Border Patrol Unit to supplement the Guyana Police Force (GPF) and the Guyana Defence Force (GDF) efforts.

In the housing and hospitality sector, a regiment of legislation dealing with zoning, urban planning, condominiums and town houses will be implemented. Local government will also see the enactment of a Solid’s Waste Management Bill.

The Legal sector will also be revamped with a raft of legislation that will be promulgated, including a new Arbitration Bill, a new Juvenile Justice Bill, a Bail Bill, and Sentencing Guidelines.

MORE CREDIBLE AND TRANSPARENT

“A slew of Amendments will be done to our election laws, to make the electoral process more credible and transparent and to hold the staff of the Guyana Elections Commission (GECOM) to a higher standard of care,” Nandlall said.

Constitutional reform was not left out. The Attorney-General noted that work will begin on constitutional reform this year and the Constitutional Reform Committee of the National Assembly will remain the main vehicle by which these reforms will be driven.

Nandlall noted that the Judicial Service Commission will soon be up and running with the Committee of Appointments already providing their nominees. The Law Reform Commission will also be appointed.

“As we continue to modernise the public sector architecture, massive reforms are taking place at the Deeds and Commercial and Land Registry, where the documents are being digitised and the requisite platforms are being built to facilitate E-transactions, including E-payments,” Nandlall said.

To better and more effectively manage criminal litigation, the Legal Affairs Ministry is currently working along with the Director of Public Prosecutions office, the Police Force, the Guyana Prison Service and the Judiciary to create a joint Management Information System.

The expansion of the Chambers of the Director of Public Prosecutions (DPP) to accommodate more prosecutors, as the limited space is currently a restriction on doing so, is budgeted for in Budget 2021. “Hopefully, next year we will budget for a new building as the DPP’s office requires serious physical as well as human resource expansion,” Nandlall said.

Also, as part of the $4.6 billion budgeted for the Justice Sector in Budget 2021, is the construction of new magistrate’s courts with living quarters and supporting facilities at Port Kaituma, Mabaruma, Vigilance and along the East Bank Demerara corridor.