Q&A on Constitutional Reform _____________________________________________________ 1. How is Runoff Elections, Right to Recall and Fixed Terms for the Prime Minister, going to help this country? These proposed bills will help Trinidad and Tobago by giving genuine power to the people over their elected representatives. As a result citizens will be guaranteed more effective and efficient representation. The people of Trinidad and Tobago will now be in charge of hiring and firing Members of Parliament with justification, reasonable cause and transparent processes without having to wait a 5 year prolonged term. 2. Will this Bill create chaos for the general election process, in terms of the public not knowing what to do because we have been following one system for 53 years? This is the first time since gaining independence that our electoral system is being revised to reflect the maturity and intricacies of our people and the progress we have achieved. A similar criticism was made when we introduced the far more complex system of ‘Proportional Representation’ for the election of Aldermen in the Local Government elections. However, the elections went quite smoothly. The predictions of doom and gloom were clearly unfounded. In misunderstanding the desire for change and development, these critics also underestimated the intelligence and sophistication of our population. 3. Why are these reforms only now being introduced with elections just over a year away? Constitutional Reform has been the subject of many campaign promises and Constitution Commissions by past governments over the last half a century and a part of progressive change. The question then becomes, why not now? The consultation process was necessary, as the views of the population had to be sought which reiterates that they are not only now being introduced. The process was extensive with 17 public consultations; 14 in Trinidad and 3 in Tobago. These took place between March and July 2013. After feedback was received, an additional 4 consultations were held in February this year; 3 in Trinidad and 1 in Tobago. This now gives an ability to put forward these proposals with sufficient time for debate and approval. The hard work and contributions of the eminent citizens of the National Commission on Constitution Reform (NCCR) were critical to making this part of the process a success. 4. What is a right of recall? This constitutional amendment will allow citizens to recall a Member of Parliament, who, in their opinion, is not serving them effectively. They will be able to exercise this right when the government’s 3rd year in office expires. The process is a simple one: • At the beginning of the fourth year of the Government’s tenure, two persons can submit an application for a recall. • If at least ten percent (10%) of the constituency signs off on the application, it would then trigger the actual petition process. • 21 days will be granted in which the constituents can choose to sign the petition or abstain. If two-thirds of the constituents sign off on the petition at the end of the 21 days, the petition is approved and laid in Parliament whereby the Speaker of the House will declare the seat vacant and a date for an open by-election to be set within the following 90 days. 5. Who can be a signatory to a recall petition? Any person who is both registered and currently living within the constituency of the proposed recall, can sign the recall petition. 6. How many times can a Member of Parliament be recalled? A Member of Parliament can be recalled only once per constituency per term. 7. Why do we have to wait three years to recall a Member of Parliament? Three years is a reasonable amount of time for a Member of Parliament to build a relationship with the constituents. This aligns with the typical incubation period for the delivery of projects in the public service, given the rigid bureaucracy that currently exists. It would be unfair to the Member of Parliament to allow a right to recall before this period. 8. What happens during the 90 days of a proposed recall, where the government temporarily loses a majority if one of their seats becomes vacant pending the result of a by-election? In this case, neither Opposition nor the Government would hold a majority which is dependent on number of seats in the house. The constitution provides for such an instance where the Government of the day still has the ability to govern for a limited time. 9. What happens if multiple recalls occur and the result is that the ruling party loses the majority? In this case, it would be possible for a government to change based on the results of the recall by-elections, providing that the Opposition party gains these seats. 10. If the Prime Minister is recalled as a Member of Parliament, does he/she lose the post as Prime Minister? By law, all Prime Ministers and Opposition Leaders must be a sitting Member of Parliament. A new Prime Minister or Opposition Leader must be selected by the respective party and officially appointed by the President. 11. If a Member of Parliament is recalled, will his/her ministerial post be revoked? If no, how will this person remain a member of the cabinet? The Member of Parliament’s ministerial portfolio will be revoked as well, and assigned to another sitting Senator or Member of Parliament. 12. What would prevent this system of Member of Parliament recalls from being abused? The process for petitioning a recall is only possible by way of an agreeing 10% of the electoral total of constituents and then the majority of 2/3 voting. This therefore creates a barrier against abuse of the ability to enforce a recall. If two-thirds of a constituency demands that the Member of Parliament be recalled, then there is no justification for this Member of Parliament to remain in office. The Representative is there only by virtue and basis of support of his constituents. The onus is therefore on each Representative to work arduously in order to build a better relationship with his constituents and improve performance and service delivery so that the need for a recall would be avoided. 13. Can I vote against the recall petition in support of my Member of Parliament? The recall petition is only available for those who wish to recall the Member of Parliament. A supporter of the Member of Parliament may show his or her support by abstaining from signing the petition. 14. Is canvassing for signatures allowed? Canvassing for signatures is allowed but only during the period in which a recall is allowed i.e. at the end of the third year of the Government’s term in office. Also, this is prevented by ensuring all procedures stipulated by the laws of the bill and the Elections and Boundaries Commission are followed. 15. How long is the signing process for a petition recall? The voting is open for 21 consecutive days, which includes weekends at the usual Elections & Boundaries Commission voting stations used in general and local government elections. This will all be advertised in the newspapers before the petition is launched. 16. Who controls the recall petition process? The Elections & Boundaries Commission, as with all elections, is in total control of the voting and recall process. They have proven themselves extremely capable and efficient to facilitate any changes to the electoral system as was evident in the last local government elections when proportional representation was introduced. 17. How will the recall voting process be safeguarded against interference? A representative of the Elections & Boundaries Commission, the Member of Parliament and the recall petitioners would be present at the voting station. A tally maintained will be signed off at the end of each day by these representatives and the ballot papers will be numbered to ensure integrity of the process. 18. How does Runoff Elections work? The constitutional amendment for a Runoff election is a fine tuning of the existing first past the post (FPTP) electoral system. The run off system will operate on a constituency basis: • Where no candidate wins a clear majority of more than 50% of the votes cast, no winner would be immediately declared. • The candidates with the highest and second highest votes would be entered on a ballot for the Runoff to be held two weeks after the initial vote. • The candidate who wins the Runoff election will do so with more than 50% of the votes cast and will be declared the Member of Parliament, as there can be no minority winner under this system. 19. What would the new system of Runoff Elections cost the taxpayers? The long term benefits supersedes any short term cost factors as a cost-benefit analysis cannot ignore the principle and value of responsible and accountable governance which requires quality electoral processes. Sacrificing quality representation for saving money, would surely cost more in bad governance than it saved in election expenditures. 20. If in a second round of voting in a Runoff Election, and neither candidate receives a majority, would the winner still be considered a minority leader? In this and almost every other voting system, only the number of votes cast in a particular election can be used to select an elected representative. It is important to distinguish between majority of the votes cast in an election and majority of eligible voters in a particular constituency. Even in this current system winners are selected based only on the number of actual votes cast. This aspect is unchanged. Each citizen who is eligible to vote has the right to choose whether he or she wishes to exercise this right or not. Choosing to abstain from voting cannot and should not prevent the selection of a representative. Statistics from other jurisdictions have shown that two rounds of voting has little effect on actual voter turnout. 21. I didn’t vote in the first round of voting, am I allowed to vote in the second round in a Runoff Elections? Yes, a voter is allowed to vote in either or both rounds. It should be noted that a different color ink will be used in the second round to prevent any issues. 22. Why limit the Prime Minister to two terms? Are there term limits in other countries for the number of years a person can serve as a Prime Minister? This will limit the access of power to any single individual for more than two terms or ten years, six months. In this way, the concept of a “maximum leader” is eliminated as parties will now be required to engage in succession planning by putting forward leaders with seniority, qualifications and experience to the electorate. There are nearly 90 countries across the globe that currently has limitations on the number of terms that the head of government can lead. In fact, our model would be based on the US system where the President must demit office after two terms with grace and dignity. They hold significant influence and provide invaluable knowledge and expertise as revered statesmen and can serve as a secular consultant.
Posted on: Fri, 08 Aug 2014 22:05:45 +0000
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