Here is the full Statement from the Prime Minister in the Parliament on Constitutional Reform .. Statement By the Hon. Kamla Persad-Bissessar, SC, MP Prime Minister of the Republic of Trinidad & Tobago to the House of Representatives on Constitutional Reform Date: 04 August, 2014 Introduction I am pleased to make a statement on the first day of the epoch-making and revolutionary changes we have ushered in through the new Standing Orders. We take pride in the fact that we have been able to overhaul and comprehensively revise our Standing Orders which operated from 1961 for over half a century from 1961 for more transparent and accountable governance. Likewise I am pleased that we take pride in later introducing the Constitutional (Amendment) Bill 2014 which seeks to ensure that we keep more of our promises made in our 2010 Manifesto (the first ever to adopted through Parliament as our policy agenda for development and progress). In that Manifesto, we sought to establish a partnership with the people to build unity and ensure prosperity for all. Good governance was sought through effective representation, participation, transparency and accountability. The adoption of the manifesto through Parliament as our development policy agenda was the best way to ensure that citizens had the power to hold us to our commitments, and to demand of us, the development and progress that we promised. In other words, we immediately put the power where it rightfully belonged in the hands of the people. As outlined in our Achievements Booklet, we have delivered on over 90 percent of our manifesto promises, and today we deliver even more by keeping our Constitutional reform promise to give more Power to the People. I now have the distinct honour of presenting the peoples agenda for reforms to the constitution of Trinidad & Tobago. BRIEF BACKGROUND Commission on Constitutional Reform On March 2, 2013 cabinet appointed a National Commission on Constitutional Reform (NCCR) to engage in the widest possible consultation as a pre-requisite to constitutional reform. Matters for consideration were to include limitations on terms of service by the Prime Minister, a right of recall in respect of non-performing Parliamentary representatives, respecting the voices of the minorities whilst giving effect to the will of the majority, making every vote count and fixed dates for general elections,. These matters, and of course others, were considered by a distinguished constitutional commission chaired by the Hon Minister of Legal Affairs Mr. Prakash Ramadhar and included Madam Justice AmrikaTiwary-Reddy, Mr. Justice Sebastian Ventour, Dr. Merle Hodge, Dr. Hamid Ghany and Mr. Carlos Dillon. This commission operated so as to achieve public involvement. There was extensive consultation and a careful report with recommendations was produced. It is soundly based on those recommendations that amendments to the Constitution are now being pursued. I thank these Commissioners and the many citizens across the nation who made their voices heard and contributed to the dialogue. PROPOSED REFORM A Constitution Amendment Bill 2014 is to be introduced, which will propose a term limit for the office of Prime Minister, a recall provision and a runoff poll in elections for the House of Representatives. These measures require a simple majority. Further, I will in the near future, present a Bill to fix the dates of Parliaments so that the date for general elections will be known. Such a Bill requires a special majority. REFORM DETAILS Mr. Speaker I now turn to some of the pertinent details of the provisions as to how we propose to devolve power into the hands of the people and strengthen our democracy. The first is Term Limits for the Prime Minister. 1)Term Limits for the Prime Minister In the present proposals is a simple amendment which prevents the President from offering the Prime Ministership to anyone who has served for two full terms or at least ten years and six months. Once a Prime Minister has served for a period of 10 years and 6 months (5 years being the normal 5 year life of a parliament and the subsequent 90 day period by which general elections must be held). Fossilized leadership which entrenches itself via manipulation and control of party politics is an anathema to the principles of democracy and growth. We have had more than our fair share of political leaders with megalomaniac and monopolistic political tendencies who continued to rule and refused to give way even though it was obvious that the time for change had come. This can suffocate new talent and stifle a democracy. THE US SYSTEM VS WESTMINSTER The two term limit provision is a very important feature in the constitution of the worlds most powerful democracy: the United States. Section 1 of the 22nd amendment to the US Constitution provides that, No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once. It has often been said that whilst American Presidents leave office with dignity and grace, Westminster Prime Ministers cling to power to the very end and are often forced out of office in indignity and disgrace. The empirical evidence demonstrates that there may be merit in this and this is one reason why I propose to limit the tenure of a Prime Minister to two full terms or ten years and six months. Some 91 countries worldwide have term limits of two terms for their Heads of Government. We are seeking to become the 92nd. BENEFITS OF TERM LIMITS Applying term limits to persons who serve as Prime Minister can have a significant and positive impact on governance, on progress and on delivery. It introduces a redefinition of the principle of democracy by ensuring that just as someone wins such a high office, and earns such a privilege, the way is left open for others to also aspire to high office. There can be no monopoly, no lease, no mortgage, and no sense of ownership of the position of Prime Minister. This means that there can be no more maximum, dictatorial leadership you serve, you do your best and after sufficient time, you give way to someone else with new and different ideas. When we talk about succession planning, this is how we seek to ensure even as we lead with success today, we are creating the opportunities for new and better leadership to emerge tomorrow. And, what this provision will also do becomes even more important for second term Prime Ministers. It means that such a person will not be bogged down or driven by campaigning for re-election to continue in that position beyond a second term. That person will have the time and focus to concentrate on service to the people by capitalising on the opportunity of a second term to complete transformative and change programmes. 2)RIGHT OF RECALL The power under the Constitution will always be in the People. It is entrusted for certain defined purposes, and for a certain limited period, to representatives of their own choosing; and whenever it is executed contrary to their Interest, or not agreeable to their wishes, their Servants can, and undoubtedly will be, recalled George Washington The proposed amendment would create the ability to recall individual Members of the House of Representatives after the expiration of three years from the date of election. The right of recall is a term used to describe a process whereby the electorate can petition to trigger a vote between scheduled elections on the suitability of an existing elected representative to continue in office. It forms part of the systems of government at different levels in several countries including Canada, the United States, Switzerland, Phillipines and Venezuela. There is the need for some constitutional mechanism that would give people the power to evaluate the performance of their MP and exercise their right of recall if they so desire. This will give voters the right to remove MPs who fail to perform or who neglect the very people whom they were elected to serve. An MP cannot turn his back on the people or breach the trust they put in him or her with impunity. PROCEDURE FOR RECALL A recall petition requires the signatures of two thirds of the registered voters in the constituency. An application for a petition must be supported by at least ten percent of the registered voters in the subject constituency. Once this is achieved, the Elections and Boundaries Commission (EBC) will issue a recall petition which constituents can sign at certain places designated by the EBC for this purpose. The recall petition will be gazetted and advertised in two daily newspapers and remain open for a period of 21 days including weekends to allow constituents a full and fair opportunity to participate. Once a minimum of two thirds of the registered voters is attained, the EBC reports this fact to the Speaker who will declare the seat vacant and direct that a by-election be held. Consistent with the existing provisions of the constitution, a recall petition is only possible in the fourth year as a vacancy in the fifth year cannot result in a bye election. BENEFITS OF RECALL PROVISION A recall provision has been canvassed before but no meaningful steps were taken to implement same. The Government is now taking this important and courageous step to introduce such a provision. It marks a distinct means of achieving at least two ends: · First, a stronger connection between elected representatives and the electorate. · Second, a strong incentive to a fulfilled and fulfilling role as an elected representative. MEMBERSHIP NOT ONLY FOR HOUSE An important point about the recall provision is this: Hitherto the ordinary position has been that an elected House following the election has controlled its own position and its own membership. This has found its strongest expression at Westminster. There, once elected, a member could literally do nothing and would remain untouched unless disqualified or expelled by the House of Commons itself. There are, I regret to say, numerous examples in our political history of constituents being burdened by non-performing and even absent MPs and it is my hope that this amendment will militate against such an unacceptable predicament. EXPANDING THE RIGHT OF RECALL At present, our existing provisions for recall are confined to the leaders of parties who can exercise that right at any time if any MP resigns from or is expelled by the party on whose ticket he/she was elected. What we are proposing today is an expansion of those existing recall provisions in our Constitution to permit the people, as opposed to the political leaders, to have the right of recall separate and apart from the leaders of parties. A body of elected representatives ought not, if one is going to seek a participatory democracy which embodies the power of the ordinary men and women as its fulcrum, to be the sole determinant of its composition following an election. A move to provide the electorate with a right of recall increases the continuing bond between the electorate and the elected. Furthermore, this enhances participation of the electorate and increases the prospect of good governance by giving more power to the people. BOLD STEP The right of recall does not yet exist at Westminster however steps are being taken to include it as can be seen from the Queens speech to Parliament on June 4th, 2014 when she stated: My government will continue its programme of political reform. My ministers will introduce legislation on the recall of Members of Parliament. We would be making a bold step of our own in strengthening our democratic base. I should observe that in so doing, we will be leading rather than following Westminster, as there is presently within the United Kingdom a proposal for recall provisions that has just begun and is not yet fully developed. It will readily be appreciated, Mr Speaker, that the step we are proposing gives a distinct, enhanced and particular political power to the people of Trinidad & Tobago. This provision will also ensure that where citizens have genuine concerns or issues with their representatives, they have the power to instigate a process that will either force their representative to do what he or she is elected to do, or be replaced. Power, as George Washington said, under the Constitution, will always be in the People It follows therefore that the right of recall will make clear to persons putting themselves forward for public office must be prepared to work for the people that employed them to be their representative and be fully accountable to them! SECOND BALLOT RUNOFF VOTING The third provision is for Second Ballot Runoff Voting. Section 46 (1) of our Constitution states that the House of Representatives shall consist of members who shall be elected in the manner provided by Parliament. This means that Parliament is vested with the authority to provide for the manner by which members are to be elected to this Honourable House. I wish to change the way we elect our members to strengthen our democracy in a way that makes the power of the people supreme. Recall and runoff polls are clearly linked. The runoff is often viewed as a corollary of the right of recall as an MP who is elected with less than 50 % of the votes cast is obviously immediately vulnerable to a recall. Such polls, it can be noted, are widely used in countries with substantial democratic traditions INCLUDING France, Switzerland, Argentina, Venezuela, The Philippines, Taiwan and South Korea. A runoff poll is proposed so that each member of the House of Representatives will only become such a member if he obtains more than 50 per cent of the votes cast in a constituency. This means that where, on a first poll at an election that is not achieved, a second poll will within 15 days be held between the top two candidates. This will place greater emphasis on the quality of the candidates selected as the question in the runoff will be which of these two candidates will better serve me and my constituency? In such a system, the voices of the minority would be respected even as effect is given to the will of the majority and, every single vote would matter and count as the possibility of voting a second time will breathe new life and meaning into the democratic process. NO MINORITY MP This measure reaffirms democracy and ensures that the balance of power is always tipped in favour of the People, not the Government. Over the years, we have seen so many candidates get elected to this House on the basis of winning less than 50% of the votes cast. It would be unfair to future candidates who will be elected and who will now come under the revised constitutional provisions for being recalled by their constituents that they should start their term of office as MPs on the basis of being minority winners. That will only serve to strengthen any persons who may wish to use the revised recall process for ulterior motives. It is necessary to protect against this by having all MPs elected on a majority basis. Further, because of its effectiveness in defining democracy and securing the rights of people over the rights of politicians, the United National Congress will also be considering the adoption of this process into its constitution, subject of course to the agreement of the membership. FIXED DATE FOR ELECTIONS Mr. Speaker, hitherto, the Prime Minister has been subject to no limit on her term of office and no particular constraints have been put on her ability to advise the President to dissolve Parliament and set a date for general elections. The Commission has recommended that the date for general elections be fixed. It is therefore proposed that the life of a Parliament should ordinarily be fixed at five years. This will effectively fix the date for the holding of general elections. Long gone would be the days of silly boasts and taunts about leaders having the date in their back pocket. This provides clarity for the population at large and enhances the ability to participate in our democratic life, for all will know the electoral timetable. This will enable all participants in the political life of Trinidad and Tobago to have the certainty needed to take a full and fair part in a participatory democracy. Furthermore, the role, Mr Speaker, of the House of Representatives and the Senate is enhanced because the influence of the executive over Parliament is lessened. I am sure, Mr Speaker, that all members of this Honourable House and the Senate welcome anything which strengthens Parliament. It is my intention to lay a Bill with this reform shortly. CONCLUSION So Mr. Speaker, I have come here today with one mission, based on a mandate from the people of Trinidad & Tobago to continue delivering on our promises, and to deliver more power to the people! Mr Speaker, democracy is something that goes beyond simply being an inheritance for citizens of our country. It is a responsibility that each successive generation takes on, to protect it, to enhance it, to promote it and to secure it for the generations to come. In our relatively young life as an independent nation, we have had more than our fair share of good and bad experiences. We have seen some of the darkest days, and we have experienced some of the most remarkable changes. Re-defining our democracy in a way that reflects the thinking of todays people, and defending the peoples right to decide and command their Government can very well emerge as the single most important legacy our generation leaves behind. Citizens want and deserve the power to continuously monitor, evaluate and supervise their Government! This is why they changed Governments in 2010. This is why they raised their voices in the consultations that preceded these proposals. What we are dealing with here is the sum total of the voice and desire of the Trinidad & Tobago people. What we are dealing with is taking the power that is concentrated in Government, and putting it into the hands of the People, who are the rightful owners of influence in a democracy. We simply must not play with issues of the constitution. Since independence, there has been 7 times when moves towards constitutional reform has been initiated. These are the: 1. Wooding Constitutional Commission Report (1974) 2. Hyatali Constitutional Commission Report (1987) 3. Draft Constitution done by the Nine Independent Senators- The Forum for Constitutional Reform 4. Draft Constitution by the Principles of Fairness, (2006) 5. Sir Ellis Clarke Draft Constitution (2006) 6. Draft Constitution by the Manning Round Table (2009) 7. Report of the Constitutional Reform Commission (2014) Mr. Speaker, despite all these reports from distinguished Commissions, no government has had the political courage to bring legislation to this House to implement any recommendation on electoral reform. Mr Speaker the list of reports is long. It starts over forty years ago and culminated with the present report. Half a century has elapsed since we attained independence and I am therefore honoured to table these significant and historic constitutional measures which are designed to put the power back into the hands of the ordinary people by whose grace we are here to serve. To cease to change, is to cease to exist and the time has come for change. I end by echoing the words of President Barak Obama who said: Change will not come if we wait for some other person or some other time. We are the ones weve been waiting for. We are the change that we seek.
Posted on: Thu, 07 Aug 2014 16:20:25 +0000
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