Elect an executive president

Mr Speaker

I thank you for this opportunity to make the following statement to this Honourable House and to the nation.

Over the last decade, the very important issue of Constitution Reform has been in the national domain with increasing urgency. This is a most positive development and is the product of our evolving maturity as a nation.

How quickly time has passed. So soon after the first hoisting of our national colours, Trinidad and Tobago is now approaching its fiftieth year as a sovereign independent state.

Experience would have taught us many things, among them the need to improve the governance of our country. This must of necessity involve another look at the supreme law of the land. The flaws in a system which has served us so well, become more glaring as we develop. For example, political developments, especially he 18-18 tie of the 2001 General Elections, demonstrate the need to determine the way forward. In the light of the approaching half-a century, we should see Constitution Reform as an opportunity for national renewal.

Mr Speaker, you would recall that recently, I did indicate to this Honourable House that our Administration had embarked on the process of having a draft prepared of a new constitution for the country. Indeed, last year, we asked Sir Ellis Clarke, former President of the Republic and someone of considerable experience in this field, to undertake this assignment.

Sir Ellis has now completed the task and we thank and congratulate him for it. I would also like to thank the two Legal Officers Ms Nicole Fernandes and Mr Samraj Harripaul both of the Attorney General’s Office who worked tirelessly with Sir Ellis on this most important exercise.

I am now pleased to lay on the table of this Honourable House this draft of a new Constitution for the Republic of Trinidad and Tobago.

However, Mr Speaker, in doing so, I wish to make it quite clear, that this document is a working paper and as such should not be considered as Government policy.

It is intended to join other ideas and documents as part of the ongoing national debate on this critical issue. It is our intention to stimulate as much national discussion as possible on the way forward.

I wish to emphasise therefore that this is a discussion document and we welcome any comments on the proposals therein.

In this regard, let me also express our appreciation to the Principles of Fairness Committee, constituted of a group of civic-minded citizens, who have also produced a draft constitution, which has already been the subject of some examination by the national community.

With these two significant documents, we have the basis for more informed dialogue, meaningful comparison and deep analysis on this matter of pivotal importance to the future of our nation. I urge all citizens to read and ponder on these documents with great care and also consider any other issues and ideas that may be relevant to this very important exercise.

Mr Speaker, I think it is appropriate, in laying this draft, to now point out some of the main proposals for reform contained in the document.

Firstly, the draft makes recommendations for an executive president and vice-president of Trinidad and Tobago. It also suggests, inter alia, the following:

• the president and vice-president should be elected by the House of Representatives in separate elections, by secret ballot;

• these office holders can be removed by that House through a no-confidence motion;

• a person is qualified to be nominated for election as President, if such a person has been elected at a general election as a member of the House of Representatives; and

• there will be a maximum of two terms for any one individual as President of the Republic.

In other words a person is not qualified to be nominated for election as president if he has held the office for a cumulative period of ten years.

The draft retains the Office of Leader of the Opposition; but the suggestion is that this office holder should be elected by the members of the House of Representatives who do not support the government and is removed through a no confidence motion by those same members.

Secondly, Mr Speaker, in this proposed new constitution, the Parliament remains a bi-cameral legislature. The Lower House will continue to be elected by way of the present first past the post system. But there is a significant proposal for an enlarged and essentially elected Senate of Trinidad and Tobago. It is suggested that:

• the Senate would comprise 49 Members;

• twenty eight Senators will be elected, two by each of the current 14 Local Government bodies;

• three Senators will be elected by the Tobago House of Assembly; and

• based on recommendations from their political parties following a General Election, 18 Senators will be assigned seats by the Election and Boundaries Commission as a result of a system of proportional representation, without a list of intended appointees.

The judicial system is the third area that I would like to highlight as being the subject of some proposed reform. This draft by Sir Ellis recommends that this nation’s final Court of Appeal be the Caribbean Court of Justice, as agreed by this country on February 14, 2001 in Bridgetown, Barbados.

A recommendation is also made for a change in the procedure for the appointment of a Chief Justice. The suggestion is that the President shall, after consultation with the Leader of the Opposition and the President of the Law Association, nominate a person to be appointed as the country’s Chief Justice. This recommendation shall be subject to a negative resolution of Parliament.

Fourthly Mr Speaker, recommendations are made for changes in the composition and function of the Cabinet of Trinidad and Tobago. It is proposed that the Cabinet would now aid and advise the President on the general direction and control of the Government. It would comprise the President, Vice-President and up to twenty-five members, of whom not more than six would be appointed from the House of Representatives and three from the Senate. The rest of the Ministers would be appointed from outside of the Parliament.

The fifth sector for suggested improvements is the Service Commissions. It is recommended that members would be appointed by the President subject to negative resolution of Parliament. For the Police Service Commission, it would be by affirmative resolution, as recently negotiated between the Government and Opposition.

Very significantly, regarding the Public Service Commission, the following is recommended:

• there will be the appointment of Personnel Boards, the number to be determined as deemed necessary by the Public Service Commission;

• these Personnel Boards shall exercise the powers of the Public Service Commission, including the power to impose a penalty other than the power of removal; and

• where a public officer is aggrieved by a decision of a Personnel Board, he is entitled to file an appeal against that decision to the Public Service Commission. It is also suggested under this section, that a Public Service Appeal Board would hear appeals emanating from any decision of a Service Commission. In this Draft, the grounds for removal of members of the Police Service Commission are applied to all members of the other Service Commissions.

Of special interest and requiring careful study also is the question of Local Government Reform. The current draft White Paper is a fundamental proposal to decentralise the system of Local Government in order to have power sharing between the Central Government and Local Government bodies and a modern and more effective system of Local Government that takes the Country’s diversity into account.

Mr Speaker, these are the five main areas of recommendations that I would like to highlight on this occasion. There are other suggestions in the Draft dealing with, inter alia, improved fundamental rights, emergency provisions, the Office of the Ombudsman and the Integrity Commission. A serious reading of the document is necessary to get a full knowledge of all the recommendations and to grasp the thinking behind their creation. I urge all responsible citizens to become thoroughly acquainted with the contents of this Draft. This is the way to contribute meaningfully to the national dialogue on this fundamental issue.

There must now be opportunity for greater national discussion. Towards this end the Government has decided on a clear course of action. We shall establish a round table discussion at Whitehall, chaired by the Prime Minister, and involving the Attorney General, the Minister of Planning and Development, the Minister of Legal Affairs, the Minister of Public Administration and Information, Sir Ellis Clarke, Mr Tajmool Hosein QC, former Senator, Professor John Spence, Professor Selwyn Ryan, Professor John La Guerre and Assemblyman Anslem London, of the Tobago House of Assembly.

Then begins one of the most important aspects of this entire exercise. This is consultation with the people.

A sub-committee of the Round Table, led by Professor Ryan shall fan out into the national community, holding meetings all over the country to have dialogue with the citizenry on this most important development in their lives. The sub-committee shall explain but not defend the document. I repeat, it shall explain but not defend the draft of the new constitution prepared by Sir Ellis Clarke. Its main purpose would be to ascertain the voice of the people. It shall hold as many meetings as considered necessary, fielding questions from the citizenry and recording the comments and concerns of the people.

In addition, may I take this opportunity to advise that the public may also send written comments to the Office of the Attorney General. The comments should be enclosed in an envelope marked “Comments on Draft Constitution.”

Armed with these views and also on the basis of the deliberations of the round table, the ministerial team will prepare a new draft which, after due deliberations by the Cabinet, would be published as a Green Paper of Draft Government Policy.

This is expected to take place by December 31,2006. We would then have reached an important milestone in this historic process.

This Draft Policy would have been achieved through a meticulous process, the wisdom of national expertise and comprehensive national discussion with the people of the Republic. But even then, the national dialogue is not over.

As you can see, Mr Speaker, we do not intend to proceed on this matter without the fullest possible consultation with the people of Trinidad and Tobago. This is an inescapable obligation of the Democracy that we practise in this country.

I therefore exhort all citizens to become involved. None should sit on the sidelines. All must think and talk about this matter. It must be an important topic in our homes, schools, workplaces and community gatherings. We must read and study the ideas being offered by all groups and individuals. We must attend all meetings. We must express ourselves on this matter of fundamental importance to the future of our beloved country. This is a matter which transcends political allegiances.

All political parties should make a special and deliberate effort to engage their supporters and the general population in meaningful discussion of this matter.

The People’s National Movement will certainly undertake this critical exercise, using the Draft as a basis for widespread consultation with our members and the wider national community.

May I also assure you Mr Speaker and Honourable members opposite, that I shall soon be approaching the Honourable Leader of the Opposition to determine how best we, on both sides of the House, could fruitfully be engaged in discussions on this very important aspect of national development.

We intend to make this a truly national effort. Constitution reform demands national consensus.

We must together, as a people, eventually make the best decision on how we manage our country in the 21st century. It is we who must determine how we run our lives. This is the responsibility of nationhood. Let us now demonstrate Mr Speaker the maturity of a country approaching half a century of Independence.

Thank you, Mr Speaker.