Commission suggests bi-cameral legislature
by Michelle Elphage
THE Constitution Reform Commission, which is in the process of putting the finishing touches to its final report, has recommended that Parliament consider the establishment of a bi-cameral legislature. During a nearly nine-hour Monday meeting of the 20-man Commission set up to review the 1980 Constitution, arguments were advanced for enhancing parliamentary democracy, and adding new Constitution Commissions. After consultations with a sub-committee during a break, Mr Reepu Daman Persaud of the People's Progressive Party Civic (PPP/Civic), put forward a motion by consensus for Parliament to establish four sector standing committees. These will fall under the headings, Foreign Relations, Social Services, Natural Resources and the Economy. Mr Miles Fitzpatrick, representing the Guyana Bar Association, suggested that the Lower House comprise elected political party representatives and the Upper House comprise ten elected Regional representatives and ten civil society persons nominated from their organisations. However, this suggestion did not sit well with some of the Commission members representing political parties, since most said they had a problem with there being non-elected members in the House. "I don't have a closed mind on the issue, but I am afraid of a system where there are non-representative members," Mr Bernard DeSantos of the PPP/Civic argued during debate on the motion. Secretary to the Commission, Mr Haslyn Parris from the People's National Congress (PNC), who voted against the motion, said he had strong reservations to there being persons in Parliament who were not elected by the people. The motion seeking Parliament's consideration of the bi-cameral legislature was eventually carried though, with 14 of 17 members present supporting. Parris and Mr Aubrey Collins of The United Force (TUF) voted against it, while Mr Deryck Bernard of the PNC abstained. Christian representative, Mr Keith Halley, backed by Mr Randolph Kirton, said the system of Upper and Lower Houses should contribute to the entrenchment of democracy in the society. Mr Vidyanand Persaud, the Hindu representative and Mr Ramdial Bhookmohan, representing the Private Sector Commission, also gave supporting arguments about the benefits of a bi-cameral parliament. But Collins said that while the proposal to have Parliament consider such a legislature was harmless, and perhaps, even advantageous, the Upper House should only comprise the nominated representatives. He said the Regional representatives should remain in the Lower House since they are elected. Mr Reepu Daman Persaud, who eventually voted in favour of the motion, argued from statistics contributed by the National Democratic Institute (NDI) that several countries after years of a bi-cameral legislature, finally changed to uni-cameral parliaments. He cited Denmark, Iceland, Finland and New Zealand as some of these countries. Persaud argued too that he believed in an elected body, noting that a bi-cameral House could be burdensome for taxpayers. However, Fitzpatrick, rejected the arguments based on cost of the system, noting that sometimes, politicians can be "penny wise and pound foolish". He referred to the recent eight-week Guyana Public Service Union (GPSU) strike, which according to him, could have been avoided if there was input from civil society at the start. "The advantage is to bring to the decision-making process the contribution of civil society," Fitzpatrick contended. Meanwhile, arguments continued yesterday for the addition of new Constitution Commissions. Arguments were put forward and motions carried supporting the establishment of an Indigenous People's Commission, an Ethnic Relations Commission, covering culture and religion, a Public Tender Commission and a Joint Commission on Women and Children. This Commission will have separate boards, but one Secretariat, as proposed by Mr Vincent Alexander of the PNC. A motion for the establishment of a Youth Commission was defeated, while Commissioners agreed that while Communications and Land Allocation were important, they did not require Constitutional Commissions. Alexander proposed, and it was agreed, that Government should set out clear criteria in a land policy document to Parliament and the current land selection committees will continue. A neutral monitoring body will be set up to ensure there is no non-compliance with the process of selection, and a mechanism will be put in place to deal with violations. Strong arguments were put forward for the establishment of a Public Tender Commissioner with most members pointing out that the issue has been somewhat thorny over the years, and that various allegations of corruption have been made. Alexander asserted that it is the job of the Commission to make recommendations for the Executive to "bite the bullet," noting that there is urgent need for the country's public tender process to be more transparent. "Given the importance of the issue...the rumours, the scandal, the response of people...public transparency should be given priority," Alexander declared. The other Commissioners, who argued in favour of this motion, included Parris, Dr Rupert Roopnaraine of the Alliance For Guyana (AFG), Mr Randolph Kirton and Mr Miles Fitzpatrick. DeSantos cautioned that there can be other mechanisms set up to ensure that this process is done transparently rather than encumber the Constitution with so many Commissions. He recalled that while he served as Attorney General, he was part of a process being established for the monitoring of the tendering system, but it never came to fruition because of a few hiccups. Reepu Daman Persaud also shared DeSantos' views. The motion was eventually carried with 12 Commissioners supporting it, one against, and five abstaining. Those supporting were, Collins, Bernard, Alexander, Kirton, Roopnaraine, Parris, Fitzpatrick, Ms Anande Trotman, the Women's representative, Bhookmohan, Ms Jean LaRose, the Amerindian representative, V.Persaud and Halley. DeSantos voted against while Daman Persaud, (PPP/Civic), Mr Ralph Ramkarran, Chairman and (PPP/Civic), Mr Harrichand Mahadeo, Farmers representative, Mr Faizal Jaffarally, Youth representative, and Dr Frank Anthony, (PPP/Civic) abstained. Mr Hugh Cholmondeley was asked to make a presentation on changes in the information technology age, while the Commission considered establishing a Communication Commission. Professor Harold Lutchman of the University of Guyana, also spoke on parliamentary procedures. Another meeting yesterday was expected to deal with systems of government, including minority rights and gender rights. Under the Caribbean Community (CARICOM) brokered Herdmanston Accord last year, the Commission is due to complete a report by Saturday for presentation to Parliament.
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