CIP Amendments Could Sidestep Senate

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Politics

Wednesday, 20 February 2013 02:30

By caribarena news

Antigua St. John's - Member of Parliament for St. Mary’s North Molwyn Joseph has criticized the recent CIP bill that was rejected by the Senate for unusual peculiarities in the regulations of the bill. 

According to Joseph, many of the provisions that were included under the regulations of the bill should have been part of the legislation, making them primary instead of secondary legislation.

Joseph claims that placing such provisions under the regulations instead of the actual legislation is an attempt to give the Prime Minister powers to the effect that amendments to the act (once the bill is passed) will not require the approval of the Senate.

Speaking on the Fire and Steel radio show, Joseph said, “Now, regulations are supposed to serve to explain how the provisions of the bill are to be implemented. Regulations are not meant to be the core of a legislation. But yet, the drafters of this bill, included in the regulations, provisions that should be in the bill itself. You know why they did that? They did that comrade Hurst to give the prime minister the power through regulations to pass laws without coming to parliament.”

Joseph further explained, “The prime minister will say I want this changed in the regulations, comes to the house, and it is placed on the table. And it doesn’t go to the senate.”

Joseph also said that this is a new feature of the 2013 bill. “In the 2012 bill, it clearly states that regulations made under this act shall be subject to the affirmative resolution of the legislature. In the 2013 bill, it says regulations made under this act shall be subject to the affirmative resolution of the House of Representatives. So they had the legislature in the 2012 bill, and not in the 2013 bill.”

Additionally, Joseph recognized the actions of the Senators as a “good start” in transforming the Government into a more democratic institution. Joseph particularly acknowledged Senator Colin Derrick, whose presentation touched on the same points made by Joseph.

“I said (in parliament) listen, this is not right. This bill needs to, when it’s being amended regulations or not, go through both chambers of the Parliament. And of course, that was retracted. And then Mr. Derrick made the point and he made it in an excellent manner, that a matter as serious as this, and he says he objected to the fact and I think Weston himself did as well, that what they’re saying is that you use the senate to pass the regulations, but they will not see them if they are amended. That can’t be right,” Joseph said.

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