ATTORNEY General and Minister of Legal Affairs, Mr. Anil Nandlall has said the executive arm of government is the sole authority to prepare and present the National Budget to the nation through Parliament. He added that, while the ruling of Acting Chief Justice Ian Chang on the matter is recognised as preliminary, “unless it is overruled or set aside, the Executive will be guided by it”.
Nandlall declared that any attempt to cut the Budget this year, by the combined Opposition, will, again, bring it in conflict with the Constitution.
The Legal Advisor to the Government was responding yesterday, to pronouncements by A Partnership for National Unity (APNU) which said “the charade conducted by the Minister of Finance can only mean that it was his intention, all along, that the 2013 National Budget would have to be dealt with on the floor of the National Assembly”.
APNU has suggested that, perhaps, “the Finance Minister, Dr. Ashni Singh, is convinced that he could, safely, shelter under the umbrella of the provisional ruling by the Chief Justice.”
Nandlall, in response to APNU, remained adamant that the ruling by Justice Chang is a “constitutional interpretation from the nation’s Constitutional Court.”

THE JUDGE WAS CLEAR
The minister said the judge was clear, in his decision, that the preparation and presenting of the Budget is the sole job of the Executive.
Nandlall said, for the Opposition to attempt to cut the budget or substitute expenditure would be attempting to subvert the role of the Executive.  
He said, contrary to what the judge had ruled, such action by the Opposition would, essentially, be trying to prepare the nation’s budget by the combined opposition.
Nandlall said, although the job of the budget preparation is solely that of the Executive, as outlined in the Constitution, the Administration has sought, over the years, to meet with and consult with various stakeholders inclusive of the political Opposition.
He lamented that this did not bear the desired fruit as a result of the ‘intentionally non-cooperative’ stance taken by the combined Opposition.
The 2013 preparation was no different, as invitations were extended to the combined opposition to be a part of the process but they have “no power in the National Assembly to cut the budget or to make substitutions”.
He said that was made pellucid by the judge, whose edict had served to better outline the doctrine of the separation of powers between the Executive and Legislative arms of Government.

OPPOSITION ACTIONS UNLAWFUL
In July, the court held that the actions of the combined Opposition were unlawful when it slashed more than $20 billion from the 2012 Budget.
The judge had said the National Assembly can only approve and disapprove of the budget estimates but “not cut it”.
Meanwhile, the 2013 Budget will be presented on Monday and Minister Singh has indicated that the focus will remain on accelerating economic growth and social development, with continued emphasis on macroeconomic stability and preserving the conditions that are conducive to attracting investment, expanding and upgrading physical infrastructure, expanding access and improving quality of social services, and strengthening the institutional and regulatory environment.
Nandlall reiterated that though the court decision is provisional, as referred to by APNU in its statement, “that does not cause it to lose its efficacy”.
He said the judge was clear in outlining the role of the Executive and the Parliamentary Opposition, as it relates to the expenditures for the year.