{"id":117713,"date":"2020-09-30T07:54:06","date_gmt":"2020-09-30T11:54:06","guid":{"rendered":"https:\/\/antiguanewsroom.com\/?p=117713"},"modified":"2020-09-30T07:54:29","modified_gmt":"2020-09-30T11:54:29","slug":"commentary-excuse-me-mr-speaker","status":"publish","type":"post","link":"https:\/\/antiguanewsroom.com\/commentary-excuse-me-mr-speaker\/","title":{"rendered":"OPINION: Excuse Me, Mr. Speaker"},"content":{"rendered":"
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by G.A.Dwyer Astaphan<\/strong><\/p>

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The Speaker has reportedly publicly maintained that he knows what he is doing and that he is without question right in suspending MP Asot Michael and referring him to a Committee of Privileges, that he has yet to set up. Maybe he does know what he is doing, but I think that he erred when he ejected Mr. Michael from the House.<\/p>\n

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One is not arguing with the Honourable Speaker, who is himself a Queens Counsel. However, one is \u00a0wondering just how this situation with MP Michael is different in essence from the 1999 Dominica Court of Appeal Case of Sabaroche V Speaker of the House of Assembly of Dominica.<\/p>

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In that case, Justice of Appeal Albert Redhead (acting) had this to say(add)<\/p>

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\u201cIn my Judgement offensive and insulting or disrespectful language could be regarded as objectionable or unparliamentary expressions. If a Member uses unparliamentary expressions, and on being called to order (by the Speaker), he \u00a0refuses to withdraw the words or expression or to explain them and has not offered an apology for the use thereof to the satisfaction of the House, he\u00a0 may be proceeded against and dealt with as though he or she had committed an offence \u2026\u2026.that is to say his\/her conduct will be regarded as gross misconduct and he\/she will be asked to withdraw from the House during the remainder of the sitting.\u201d<\/p>\n

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\u201cTo state the obvious, it is clear that all these things, that is to say, the use of the unparliamentary language, the request by the\u00a0speaker<\/strong>\u00a0for the withdrawal of those words or to explain them, the refusal to offer an apology and finally the\u00a0Speaker<\/strong>\u00a0asking him to withdraw immediately from the\u00a0House<\/strong>\u00a0for the remainder of that sitting, must occur during the course of a sitting\u201d.<\/p>

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\u201cIn light of the authorities referred to above (set out in the case), I entertain absolutely no doubt that a colonial legislature has very limited powers in relation to contempt. Its powers in that regard are only such as are reasonably necessary for the proper exercise of its functions and duties as a local legislature<\/u>.\u201d<\/p>\n

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Having read the entire case which is linked for you (including the Speaker, should he wish to be better informed) you see that:<\/p>

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  1. Eastern Caribbean Parliaments are governed by their Standing Orders<\/li>\n
  2. Their Standing Orders only relate to behaviour and expressions during proceedings in Parliament, not afterwards when people are going home.<\/li>\n
  3. The Standing Orders are to be applied only to ensure the proper running of the business of the Parliament, not to punish members because the Speaker might have been involved in a robust verbal exchange with a member, each in his private persona and not as members of the Parliament sitting in, and governed by the protocols of, the Parliament.<\/li>\n
  4. A Speaker should not suspend a member before asking him to apologize and only if he refuses to apologize or retract his offending words can a Speaker suspend the member.<\/li>\n
  5. Respectfully, I believe that the Speaker may have over reached in this matter, and Mr. Michael could be rightly aggrieved, and his constituents disappointed that he was deprived of his Parliamentary time.<\/li>\n<\/ol>\n

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    Sabaroche\u00a0v\u00a0Speaker\u00a0Of The\u00a0House\u00a0Of\u00a0Assembly\u00a0and Another<\/h1>\n

    [1999] 3 LRC 584<\/p>

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    Dominica<\/p>\n

    Court of Appeal<\/p>\n

    Singh, Redhead and Matthew JJA19\u201320 April, 25 May 1999<\/p>\n