Golding warns against misuse of Speaker’s powers

Warning against the gradual erosion of the country’s democracy, Leader of the Opposition Mark Golding has called for the Constitution to be reformed to allow the selection of an independent arbiter to preside over parliamentary affairs.

Referencing recent amendments to Barbados’ constitution, Golding said the change reversed the practice of selecting a Speaker from among members of Parliament and instead chose an independent person from outside the Parliament to preside over the sittings.

“I am of the view that we should look closely at that model and build into it an element of structural fairness as to how that person is selected and approved,” Golding said on Tuesday at a People’s National Party press conference in Kingston.

The Opposition’s call follows a ruling by the Speaker of the House of Representatives during a contentious debate last Tuesday on a motion to censure the Government.

The motion, filed on November 3 by St Andrew Western Member of Parliament Anthony Hylton, accused the Government of misleading Parliament by failing to disclose a change in Jamaica’s longstanding policy on voting at the United Nations (UN) on a resolution calling for an end to the United States embargo against Cuba. Jamaica abstained in the vote.

A day before the UN vote, the Government introduced a motion on the US embargo against Cuba, which was debated in the House. However, the administration did not signal that it had changed its policy in relation to the vote at the UN.

Golding said Leader of Government Business Floyd Green’s decision to end the censure motion debate by invoking Standing Order 38 was inappropriate.

He contended that Hylton, who moved the motion, was not given the opportunity by the Speaker to close the debate, which is a well-established parliamentary practice.

According to Golding, he and other opposition members also wanted to participate in the debate.

Interests of the minority

Further, he said that Standing Order 38 contemplates that the Speaker should take into account the interests of the minority and protect them.

“The Speaker completely ignored that and accepted the motion and put it to the House for approval,” Golding said.

He noted that he called for a divide, which should have triggered a vote by each member on the decision as to whether the debate should have been halted.

“That decision has not yet been voted on because the proceedings were abruptly adjourned,” he said.

According to Golding, conventions developed over centuries and practised in Jamaica for several decades require that the Speaker of the House be an impartial arbiter who ensures that fairness and justice are done

He argued that the standing orders of Parliament give the Speaker tremendous powers and discretion because of the expectation that the holder of the office would demonstrate impartiality and fairness.

The opposition leader said if the Speaker does not exercise impartiality, the standing orders can become a weapon to restrict debate and dissent and, ultimately, deny democracy in the country.

Golding said democracy would die if someone does not embrace the role of Speaker in keeping with the conventions and instead uses those powers to promote the political interest of the government and deny the opportunity for debate and dissent from the minority.

He said since Juliet Holness’ installation after the elections, there have been many instances in which the Speaker has operated in an unacceptable manner, charging that the Opposition is not being afforded the opportunity to play its constitutional role.

Golding recalled that even before the new parliamentary term began, the Opposition had objected strongly to Holness’ potential appointment as Speaker, but its concerns were ignored by the Government.

edmond.campbell@gleanerjm.com