The Government failed to consult relevant stakeholders
DEAR EDITOR
The Government has failed to consult relevant stakeholders before passing a series of major Legislatures in Parliament, in breach of the Constitution.
Undemocraticly the Government left stakeholders out in the cold before taking the following Bills to Parliament: –
(i) Financial Management and Accountability (Amendment) Bill 2021;
(ii) the Law Reform Commission (Amendment) Bill 2020;
(iii) the Narcotic Drugs and Psychotropic Substances (Control) (Amendment) Bill 2021;
(iv) Adoption of Children (Amendment) Bill 2021, a
(v) Hire Purchase (Amendment) Bill 2020
In May 2015 when the APNU + AFC Government took office any thoughts of a “honeymoon period” were shattered by stern calls from some stakeholders that the Government was in breach of the Constitution, Article 13, by taking Bills to ‘ r before consulting the relevant stakeholders.
Specifically Guyana Bar Association (GBA), Private Sector Commission (PSC), Georgetown Chamber of Commerce and Industry (GCCI) and Guyana Human Rights Association (GHRA), who, unfortunately, have not found it convenient to call the Government this out. in the same way. Other stakeholders included: –
(i) Berbice Bar Association;
(ii) People’s Progressive Party (PPP / C);
(iii) the Police Commissioner;
(iv) Opposition;
(v) Central Islamic Institute of Guyana;
(vi) Guyana Finance Authority;
(vii) Bank of Guyana;
(viii) The Director of Public Prosecutions;
(ix) Guyana’s Hindu Dharmic Sabha;
(x) Guyana Defense Force;
(xi) Guyana Bankers Association, a
(xii) Guyana Insurance Association
The Government’s omission to consult is even more difficult since Former Attorney General Basil Williams SC left a comprehensive system of consultations together with a list of relevant stakeholders, with the Attorney General’s Chambers and the Ministry of Legal Affairs ( AGC. MOLA). That system involved internal consultations where written invitations were issued to stakeholders along with the relevant draft Bill, to attend a consultation in the Chambers boardroom.
External consultations included public venue rental and a cybernetic approach between the Attorney General’s Presenter team and stakeholders. All consultations were before any Bill was laid in Parliament.
The Financial Management and Accountability (Amendment) Act 2021 included the question of removing the financial independence of the Judiciary which was restored to them by legislation passed by the APNU + AFC Government in 2015, and which therefore required extensive stakeholder consultations before passing in Parliament, on behalf of this Government.
The Law Reform Commission (Amendment) Bill 2020 seeks to change a fundamental constitutional regime relating to the process of entering into or substantially changing a new Constitution, and it required wide consultation, but in vain.
The Adoption of Children (Amendment) Bill 2021 covers the serious issue of reducing international law embodied in the Hague Convention on Child Protection and International Adoption Cooperation into municipal law, and requires consultation.
Here are a few highlights of the Bills above that were rushed and jammed through Parliament.
Government Failure is captured in the well-worn aphorism – “what is good for the goose is good for the gander.”
In conclusion, a failure to adhere to transparency in Parliamentary practice and Procedure must lead to a huge failure in good governance fit for jurisdiction.
Yours respectfully,
Basil Williams SC
Attorney-at-law