On Saturday, 15th November, the constitution reform consultation process had its third meeting in Sangre Grande. In my opinion, this was the most vibrant forum in the series, thus far. Again, I acknowledge that like everything else, it is imperfect, and some have expressed a view that the process is relatively top-down, whereas a more bottom-up approach would be preferred. Some go on to argue that non-participation is the best way to protest. I, however, would agree with the gentleman at the forum who, while admitting that he is against the Manning-led administration, maintains that "there is no excuse for people not to express their views, and if they do not, then they have none."
One contributor speculated that the real motivation for the present thrust lay in the "scandalous way" a previous president refused to take directives/instructions from the prime minister. Regardless of whether this is true or not, this has presented us with an opportunity to review our entire system of governance. I see wisdom in taking advantage of this opportunity. For me, one of the more exciting proposals in the draft document is the effective removal of the executive from the legislature, given that the President, when elected and appointed, must vacate his seat in the House of Representatives.
Two weeks ago, I touched on some of the influence flowing to the Majority Leader of the House of Representatives, both in the legislature and party machinery, as a result of this shift. Benefits of this shift could include a greater focus by legislators on legislating, as well as an upsurge in committee work like we observe in the US system. The legislature could then spend more time exercising oversight of ministries, state enterprises and so on. In fact, Parliament may even sit more frequently, since MPs would be less distracted by executive responsibilities.
Today, I wanted to consider another aspect of this removal of the executive from the legislature. It could lead to a shift in the way in which MPs view service. Seeing that only a maximum of four MPs would be invited into the Cabinet, most MPs would spend their time either representing their constituents or legislating. Being a minister, or even occupying a seat in Cabinet, would no longer be an option for most MPs. On the one hand, some argue that there are MPs who run for office with being a minister as their end game.
A contributor at the Sangre Grande meeting went so far as to say that in its present form, the draft constitution would "never see the light of day," as MPs would never vote themselves out of a (significant part of their) job. On the other hand, some may argue that when MPs are also ministers, it enhances their ability to serve those who voted for them and their party. Would having separate MPs and specialised ministers work out better for us citizens? I am interested to see how this debate evolves. With regard to the Senate, however, some have expressed concerns.
The "Working Document" says that the Senate shall consist of 37 members, constituted as follows: 19 shall be appointed by the President, acting in his discretion; seven shall be appointed by the President, acting on the advice of the Minority Leader; and 11 shall be appointed by the President, after consultation with various interest groups or organisations. These groups or organisations are business; labour; the environment; the village council movement; the energy sector; and finance. Finally, after consultation with the House of Assembly, two persons are appointed from Tobago as senators.
With the President appointing both Government and Independent Senators, would that stifle opinions? What is or would be the real purpose of the Senate? Should we abolish it and have a unicameral legislature? Should Senators be elected using some formula? I am among those who believe that the Senate leads to greater diversity of opinion and a greater range of debate on issues of national importance. It also gives more, talented individuals an opportunity to serve us all.
At the same time, I agree with those who argue that (an appointed) Senate should never deliberately thwart the wishes of the House of Representatives, which is comprised of MPs elected by the people.
Nevertheless, it is important to have a mechanism for such appointments that appears to be "fair." I suspect that this issue will be resolved in the ongoing consultation process. My name is Derren Joseph and I love my country. As always, I end by saying that despite our challenges, we are so blessed to live in this beautiful land. Let us continue to have the audacity of hope in our country, as we move towards Vision 2020.
