Maroc - NEWSDAY.CO.TT - A la Une - 10/Dec 09:28

PM, 2 others cleared of privileges breaches

A PRIVILEGE MATTER brought before the House of Representatives by Diego Martin North/East MP Colm Imbert against Prime Minister Kamla Persad-Bissessar has been declared "stillborn" by Speaker of the House Jagdeo Singh.   In his lengthy ruling, Singh said according to a UK ruling, the power of privilege should be exercised only to protect a member from improper obstruction or an attempt or threat of obstruction likely to cause substantial interference with the performance of their respective functions. He said throughout the complaint there was the apprehension of fear and the intention to impede the member of his performance of his duties. He said there was an attempt to pluck a certain phrase from the exchange and place weight and emphasis on it. He said the member said he did not view it as banter but the personal view of the member was irrelevant. During the sitting of the House of Representatives on November 21, the PM told Imbert to stop pointing at her. Imbert replied, "Why not?" Persad-Bissessar said, "Because I will cuff you down." On November 25, during an opposition press conference, Imbert indicated his intention to bring a motion of privilege against the PM. Singh said he came to his final conclusion because there was no intention to impede and obstruct the member in the performance of his duties. He said the utterance was treated as light-hearted banter at the time it was made. “It is important to note that after the comment was made, the member asked the PM if she will meet him outside, to which she replied, ‘Yes’. Laughter then followed. There was no attempt to stand and raise a point of order, pursuant to Standing Order 55, and raise an objection then. This leads to the inescapable conclusion that at the time the words were uttered, all members treated it as light-hearted banter and there could not have been a real and reasonable perception of a threat of violence against the member. “Further there was no intention to intimidate, molest, harass or prevent the member from performing his function and it was not reasonable to apprehend the fear of personal violence. “It is important to note that mere words in themselves do not, ipso facto, constitute a breach of privilege. There are additional evidential thresholds that must be met.” He said he received three motions of breaches of privileges of Parliament by members during the November 26 sitting of the House, for Arouca/Lopinot MP Marvin Gonzales, Diego Martin North/East MP Colm Imbert and Couva South MP Barry Padarath. He said the first two complaints regarded unparliamentary language while the third, made by Couva South, alleges a course of harassment and other behaviour which, according to the complaint, constitutes a breach of privilege. He said the complaint by Padarath was devoid of merit altogether, did not meet the requirements of Standing Order 32, which deals with matters of privilege, and did not need further disposition. In ruling on the motion brought by Gonzales, Singh said it was troubling that the matter was brought based on video footage with a voice in the background which sounded like the voice of the Attorney General. “There was no video capture of the AG uttering these words. No complaint was raised when the words were uttered. It is reasonable to assume that no-one heard the words, I myself did not hear them. “There was a procedural mis-step in bringing the complaint. If the words were uttered to someone in particular, it would be reasonable to assume that the member to whom they were directed would raise a hue and cry immediately.” He said the standing orders allow members to make a complaint immediately if subject to cross-talk or abuse and these procedures were well-known. Singh said the clip on social media which was alluded to in the complaint did not have the official Hansard attached, nor was any attempt made to write to the Parliament to determine if it was true. He said there was no evidence of whom the remarks were uttered to. “While broadcasts are part of the standing order, they do not give the status of the official record, which remains that of Hansard, and there are no reference to these words in the official record of Hansard. Cross-talk is not usually recorded, as members who feel abused or demeaned by it have an immediate duty to bring it to the attention of the chair.” He said it was important that members seeking to make complaints should take care to identify the clear parameters of their allegations and provide facts which are supported by some reliable and credible sources of evidence. “An overly lax evidential approach could have the deleterious effect of complaints being based on less than reliable and credible sources of evidence. This will open the floodgates to people out there scouring every single second of parliamentary time for hot mic conversations and we will then be inundated with frivolous complaints of privilege which then may be months old. “There are no facts to support the material allegations of the complaint. As such, this complaint as well does not meet the threshold.” Singh made the rulings during the sitting of the House on December 9. He reminded the members that the privilege of sitting in the House places on them “a responsibility to conduct themselves in moderation, order and decorum, and such a manner to exemplify a productive and respectful debate to the citizens of the country. “Going forward, can I implore all members to please exercise caution. If you want to have a private conversation, please turn off your mic. It occupies a lot of time in dealing with these matters.” The post PM, 2 others cleared of privileges breaches appeared first on Trinidad and Tobago Newsday.