President’s speech right on target

THE EDITOR: As a non-politically aligned citizen of TT, I write to congratulate the President, His Excellency Professor Max Richards on the address which he delivered on the occasion of the opening of the second session of the eighth Parliament on September 29, 2003. The substance of the speech touched the burning issues of the day, namely the breakdown of societal discipline within and outside of the Parliament, crime law enforcement, constitution reform; concern for the disadvantaged people in the country including the “differently- abled” members as well as the equitable distribution of the wealth garnered from the country’s natural resources in the context of sustainable development.

At the same time, I am appalled at the reaction of both the Honourable Leader of the Opposition in Parliament and the Honourable Member for Siparia, who is a former attorney general as well as a former minister of education, as exhibited in statements made to the media at the end of the President’s erudite and clearly articulated masterpiece. Mrs Bissessar’s complaint was that the President was not elected, and so an unelected person had no right to lecture to elected members of Parliament as to how they should conduct themselves. The inference here was that the President was out of place to say the things he said, “even if those things needed to be said” (my words). While it is true that His Excellency did not campaign in a constituency for office, it is incorrect to say that he was not elected. He was elected in accordance with the Constitution of Trinidad and Tobago by the Electoral College consisting of all members of the House of Representatives and of the Senate. In constitutional terms, the President of our Republic is elected indirectly by members who were voted by the electorate at large as well as by nominated members.

We often talk in TT about the President of the United States as the model we should adopt. However, in fact the President of the United States is elected indirectly through an Electoral College. If he were elected directly by the electorate, Mr Al Gore, and not Mr George Bush, would have been occupying the White House today because Mr Gore received the majority of the popular votes. The presidential campaign in the USA is in effect to elect members to form the Electoral College. In a sense, in Trinidad and Tobago the general elections are held also to elect members to form the Electoral College which elects the President when the occasion arises. How can the honourable member for Siparia compare His Excellency with an appointed member of the Senate, for example, and a senator who can be appointed a Cabinet minister or acting Prime Minister? If we extend the analogy, it means that the Speaker of the House who did not contest a constituency has no right to deal with Members of the House of Representatives in accordance with the Standing Orders. Clearly this would be ridiculous. In any case, it ought to be remembered that the President is a Member of Parliament although he does not sit in the House. Bills cannot become law unless assent is given by the President. Indeed Section 39 of our Constitution reads:

“There shall be a Parliament of Trinidad and Tobago which shall consist of the President, the Senate and the House of Representatives.”
While the Honourable Leader of the Opposition agreed with some of the things that the President said, he was of the view that it was inappropriate for him to say them at the opening of the Parliament session. He felt that the President was interfering with the executive by telling the executive what to do. Mr Panday felt that the President had the authority to speak to the Executive in private and then he could publicly state what he told the Executive if he so wished. He accused the President of getting into the political arena. He felt that the President should stick to the constitution and give a “throne speech” prepared by the executive outlining the Govern-ment’s legislative agenda. First of all, there is nothing in the Trinidad and Tobago Constitution which requires the President to deliver a “throne speech.” According to Section 35, the President can be removed from office, among others, if “he wilfully violates any provision of the constitution.” For this reason, Mr Panday’s charge is serious; but it is also dangerous because the assumption is false.

Our minds seem to be still in the colonial era. The Governor and later Governor-General was a representative of Her Majesty, the Queen of England, who normally gives her speech in opening the British Parliament from “the throne in the House of Lords — hence the “throne speech.” This is a British tradition going back several centuries. Indeed it is a “constitutional convention” that is, it is not written, although in Britain entrenched conventions do have the force of law. Not so in Trinidad and Tobago where we have a written constitution. This “throne speech” practice continued for a while after Trinidad and Tobago Republican constitution was inaugurated. But President Ellis Clarke used to be careful to say “The Government” instead of “My Government” would do this or that as her Majesty the Queen would say. This tradition was broken, I believe in 1987. From then the President eschewed the practice, of outlining government’s legislative programme. It will be recalled that after President Robinson experienced some difficulty in appointing several unsuccessful candidates at the polls to the Senate and the Cabinet, a substantial document was presented to the President by the Leader of Government business, Mr Ramesh Maharaj on his arrival in Parliament to open the session. But the President studiously ignored it and offered “prayers” instead.

It would seem to me that if the President were to enunciate the Executive’s policy or legislative agenda, then this would indeed be getting involved in the Executive’s business. Surely either the Prime Minister or the Leader of Government’s business in the House should be the appropriate individual to outline the Government’s policy and legislative programme for the session. This could be debated. In colonial times it would be debated after the Governor’s departure from the Chamber. Without wishing to raise “hot button” controversial issues which were ventilated fully during Mr Robinson’s Presidency, it may be instructive to note that under Chapter 5, Section 74(1) the President does have Executive powers: Section 74(1) states “The Executive authority of Trinidad and Tobago shall be vested in the President and subject to this constitution, may be exercised by him either directly or through officers subordinate to him.” I am mindful of Section 80 which sets out the manner in which the President’s functions are to be exercised.
While it is arguable as to whether the preamble is part of the constitution or not, certainly, the preamble sets out the underlying principles on which the constitution is based.

Accordingly, His Excellency the President, who has taken the oath of office to uphold the constitution and the law, must be within bounds to draw sustenance from preamble (a) which acknowledges the supremacy of God; to advert to preamble (b) which deals with social justice and the belief that “the operation of the economic system should result in the material resources of the community being distributed as to subserve the common good and that there should be adequate means of livelihood for all...” Preambles at (c) and (d) speak about the “need to develop and maintain due respect for lawfully constituted authority and the recognition that men and institutions remain free only when freedom is founded upon respect for normal and spiritual values and the rule of law.” President Richard’s oration was timely and on target and I would hope that his exhortations would be heeded by all concerned. Where could it be more appropriate to speak with parliamentarians about the conduct of the people’s business than in the nation’s Parliament? Our President must be the glue that binds all our peoples together and he appears to have taken up that mantle of effective leadership, as evidence of his sobriquet, “The People’s President.” May God bless our nation and the President!

DAVID W McKNIGHT
Maraval