{"id":175225,"date":"2023-06-06T11:49:11","date_gmt":"2023-06-06T15:49:11","guid":{"rendered":"https:\/\/antiguanewsroom.com\/?p=175225"},"modified":"2023-06-06T11:49:11","modified_gmt":"2023-06-06T15:49:11","slug":"commentary-asot-ruffled-sir-gerald-house-humbled-asot","status":"publish","type":"post","link":"https:\/\/antiguanewsroom.com\/commentary-asot-ruffled-sir-gerald-house-humbled-asot\/","title":{"rendered":"COMMENTARY: Asot Ruffled Sir Gerald – House Humbled Asot"},"content":{"rendered":"
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Rawlston Pompey<\/p>

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In human affairs and discourse, temper is expected to flare, while disagreement may lead to squabbling and quarrelling, while frayed nerves often lead to other things. These are inevitable. These are all part of human nature, behavior and psyche. Though \u2018Sir Gerald\u2019 has the responsibility for the maintenance of good order within the \u2018Legislative Chamber,\u2019 every \u2018Member of the Legislature,\u2019 has a duty to themselves to be familiarize with the \u2018House or Senate Standing Orders.\u2019 Thus, \u2018House Speakers\u2019 shall take no responsibility, neither for ignorance, want of knowledge or gross stupidity. They shall also not hold themselves responsible for any comprehension deficiency.<\/p>\n

EXPLOITATION AND MANIPULATION<\/p>

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Though he often points these out to some \u2018Members of inferior intellect,\u2019 these appeared more to his advantage than of disadvantage. Hence, dependent upon their leanings, \u2018House Speakers\u2019 may use them for; (i) \u2018Exploiting the Membership into divisiveness; or (ii) Manipulate their lack of knowledge\u2019 in making certain rulings or conveniently suspend parliamentary \u2018Rules of Procedure, without \u2018Motions.\u2019 These assertions are well supported. These can be seen from the recent fiasco, occasioned in the \u2018Sacred Chamber of the House of Representatives\u2019 [ABS: May 18, 2023].<\/p>

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PERSPECTIVE<\/p>\n

Though the squabble, that may have been provoked as to be seen as being emotionally moved anguish to anger, none shall, with a sense or semblance of respect and responsibility\u2019 argue that \u2018Hansard\u2019 shall not record that the behavioral exhibition that has left much to be desired, by; (i) \u2018Himself; (ii) Adversarial intimidators; and (ii) The House Speaker.\u2019 This commentary, first looks at \u2018Courtesies and Cordialities\u2019 accorded a \u2018Very Important Dog (VID)- Vader.\u2019 It also looks at the behavior of Parliament and its membership as it affects \u2018House Standing Order-2020; No 50 (7)\u2019 and its procedural applicability in recent parliamentary developments.<\/p>

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INTERRUPTIVE CROSS-TALKING<\/p>\n

Not infrequently, regional people have viewed and seen callous, disrespectful, disorderly and interruptive behavior being exhibited with impunity by Members of the \u2018Lower House of Parliament.\u2019 There have been at best; (a) \u2018Interruptive Crossing-talking; (b) Imputation of ulterior motives; (c) Reckless accusatory and intimidatory statements; (d) Disparaging remarks; and at worst (e) Market place; Street-like and dance-hall behavior.\u2019 While apparent bias and impartial \u2018House Speakers,\u2019 \u2018cocked\u2019 the not- impaired hear to hear certain Members, they also positioned the impaired ear to Members they appear not wishing to hear, thereby allowing this immunity to cross-talk, often with annoying and disgusted impunity.<\/p>

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NONSENSICAL AND NUMERICAL<\/p>

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Invariably, these were exhibited with gross contempt and disregard to the \u2018commands of the Chair.\u2019 Even so, the \u2018Chair was often observed to have often sought to impose its will upon those whose value to the debates can be best described as both \u2018Nonsensical and Numerical.\u2019 Some groups appear to favour \u2018Numbers\u2019 for the value of their votes, more than for the quality of debating contributions. This has been the observable trend by the \u2018Governing Majority.\u2019 This has often been the cause for parliamentary chaos and confusion.<\/p>\n

BIDDINGS OF PICKERS<\/p>\n

Across the region, \u2018House Speakers\u2019 were often described as \u2018prostitutes or mercenaries. These were often looked at from the specifically hand-picked few. They shall do the \u2018Parliamentary Biddings\u2019 of the \u2018Pickers.\u2019 This, as everyone knows, has implications generally for \u2018Democracy, but more particularly, \u2018Parliamentary Democracy.\u2019 Within the legislative body, whether for reasons of exploitation or manipulation,\u2019 none may wholly apportion blame to \u2018House Speaker, Sir Gerald Owen Anderson Watt KCN, KC 85,\u2019 for the apparent \u2018Failings of; (a) \u2018Memory; and (b) Failings of Parliamentary democracy.\u2019 The verbal assault on the \u2018Chair\u2019 served to highlight three particular fundamentals. One of which might be discerned from this researched information.<\/p>\n

STRATEGIC VISION: RUDE REMINDER<\/p>\n

Speaking to \u2018Youth Development,\u2019 this was unearthed; (a) \u2018A significant number of our people are below the age of 25: (b) That makes them important in the policies that are designed for their governance and the decisions that are made for their future; (c) They should therefore, have a strong voice in policy formation and decision-making\u2019 [2014: Strategic Vision: Page 52]: and (d) Even with superiority of intellect, there comes a time when persons shall move quietly as the years of twilight descends upon them an nature\u2019s Sunset moves gradually into twilight.\u2019 If \u2018Strategy and Vision\u2019 means anything, the \u2018Suspended House Member, Asot Michael,\u2019 may just have given a \u2018Rude Reminder.\u2019<\/p>\n

FUNDAMENTAL PRINCIPLES<\/p>\n

The \u2018Constitution Order\u2019 speaks to five \u2018Fundamental Principles\u2019 upon which the nation of \u2018Antigua and Barbuda\u2019 was Founded. First of these \u2018Principles\u2019 came by way of a \u2018Proclamation\u2019 made; (a) \u2018Not by Parliament and its membership; or House Speaker; or Senate President; or the political director. However, some \u2018Speakers\u2019 and some \u2018Presidents\u2019 appeared to have harbored the view that they are \u2018Parliament\u2019 and that they are also \u2018Representatives of the People.\u2019 The \u2018Constitution Order\u2019 has made no such \u2018Proclamations.\u2019 Even when the person so appointed to the respective positions, there is a role each has to play as well as prescribed functions in the bicameral parliamentary Chambers, while sitting and chairing the parliamentary proceedings.<\/p>\n

PROCLAMATIONS OF THE PEOPLE<\/p>\n

That which it states are contained hereunder; \u2018Whereas the people of Antigua and Barbuda proclaim that; (i) \u2018They are a sovereign nation; (ii) Founded on principles that acknowledge the \u2018Supremacy of God; (iii) With regard and respect to dignity and worth of the human person; (iv) The entitlement of all persons to the fundamental rights and freedoms of the individual; and (e) The position of the family in a society of; (i) \u2018Free men and women: and (ii) Free institutions\u2019 [Constitution Order: No. 1106: November 1, 1981]. Although observed through technologies in other jurisdictions, when the \u2018Constitution Order\u2019 speaks to the former, it is speaking to the people that make the citizenry and make-up of all persons, irrespective of race, color or creed.\u2019<\/p>\n

TRANSPARENCY<\/p>\n

The people have all accepted the concept called \u2018Constitutional Democracy.\u2019 They would have elected, and indirectly caused to be appointed Members to the \u2018Houses of Representatives and Senate.\u2019 Such will have been on the basis of; (a) \u2018Their Integrity in Public Life; (b) That they shall be held \u2018Accountable to general for decisions and courses of administrative actions that beg for; (c). Transparency.\u2019 Instructively, some legal scholars and Classroom Lecturers appeared to have brainwashed some public administrators and Governors General into believing that this concept speaks not of \u2018Transparency.\u2019<\/p>\n

REASONABLE EXPECTATIONS<\/p>\n

From professional knowledge and experience that which was requisite in \u2018crime fighting was criminal investigation. Conversely, in public information which serves to protect \u2018Public Welfare\u2019 was unearthing that which were kept in obscurity beneath the surface. Yet hopelessly, the people continue to hold these concepts true, with \u2018Reasonable Expectations\u2019 that they would serve the common and national good.<\/p>\n

STATUS: HOUSE SPEAKER<\/p>\n

Frequently, a \u2018House Speaker\u2019 is told that he was not an \u2018Elected Representative\u2019 of the people.\u2019 For that which the concept \u2018Parliamentary Representation\u2019 means, such is irrefutably true. However, constitutionally, \u2018Sir Gerald\u2019 is an appointed Member of Parliament. For the benefit of knowledge, the constitutional provision, well-known by the \u2018King Bold Face\u2019 (Charles Isaac) knew, it states; \u2018If the person holding the office of \u2018Speaker\u2019 is not otherwise (an elected) Member of the House, he \u2018SHALL\u2019 be a Member of the House by virtue of holding that office\u2019 [Constitution Order: 1981: Section 36 (2)].<\/p>\n

CONSTITUTIONAL FACTS<\/p>\n

That which shall be understood, are these \u2018Constitutional Facts;\u2019 (i) \u2018The elected parliamentary representatives are given only \u2018Mandates\u2019 to be in the \u2018House of Parliament; (ii) Sir Gerald represents \u2018His Majesty, in the same Parliament. That which he appeared not to know is that he enjoys no \u2018Unfettered Power\u2019 over the \u2018House Majority. For instance, should \u2018Sir Gerald\u2019 \u2018Ruffle\u2019 Prime Minister Gaston Browne,\u2019 he only needs to martial his parliamentary colleagues in moving a \u2018Motion of No Confidence,\u2019 and likened to \u2018Humpy Dumpty,\u2019 something would instantaneously happen. That which will happen, people will quicker see or hear \u2018former Justice Minister Colin Derrick\u2019 bawl.<\/p>\n

MAJORITY PRESURE<\/p>\n

An astute legal practitioner, and a \u2018House Speaker\u2019 who has wielded and continues to wield his power and parliamentary authority, marveling, adversaries or enemies, that which \u2018Sir Gerald,\u2019 suggests or directs or commands or instructs.\u2019 Though such are intended to invite \u2018Obedience,\u2019 sometimes, an overzealous \u2018House Speaker could also invite the \u2018Wrath of Members.\u2019 This may have been evident when \u2018House Member Asot Michael\u2019 growled like a tiger, but humbled under \u2018Majority Pressure.\u2019<\/p>\n

PURPOSE AND OBJECT<\/p>\n

They have articulated very well. Invariably, their individual contributions to the debates were well-reasoned. These necessarily guided informed parliamentary decisions. Both will have seen \u2018Bills\u2019 tabled before the House with no rationalized \u2018Purpose or Object.\u2019 The complete repealing of three Sections of the \u2018Police Act,\u2019 that have seriously affected the effectiveness of \u2018Police prosecutions. These affected; (i) Institution of summary criminal proceedings; and (ii) Conduct of criminal prosecutions before the \u2018Magistrate\u2019s Courts\u2019 [Sections 23 & 31: Police Act: Chapter 330].<\/p>\n

IRONY AND APATHY<\/p>\n

Likened to other \u2018House Members,\u2019 both \u2018Sir Gerald and Asot Michael\u2019 have brought a wealth of; (i) \u2018Parliamentary; and (ii) Procedural knowledge to the \u2018Chamber.\u2019 There may have been \u2018Irony\u2019 as there may have been \u2018Apathy\u2019 toward the \u2018House Speaker,\u2019 that has clearly resulted in the \u2018House Member\u2019s Suspension.\u2019 Even more ironical, these were the very \u2018Sections\u2019 that \u2018Sir Gerald, former Attorney General; Justice and Legal Affairs and Police Minister,\u2019 never sought to \u2018Tinker\u2019 with during his torrid one-term tenure [1971-1976]. Inferentially, when the \u2018Constitution Order\u2019 speaks to \u2018Free Institutions,\u2019 it speaks to those so designated, and without discriminatory or victimization and acrimonious practices, to render specific services to people of, and\/or visitors to the nation.<\/p>\n

FREE INSTITUTIONS: PARLIAMENT<\/p>\n

Apart from health and education, one of the most important \u2018Institutions\u2019 is the Parliament. This is not only a structure, but also the \u2018Arm of Government,\u2019 called the Legislature.\u2019 This is the \u2018Institution\u2019 that gives legitimacy to policy and administrative decisions,\u2019 sometimes for reasons of \u2018Expediency,\u2019 were given legislative priority. Speaking to this concept, the contentious and controversial enactments; (i) \u2018The Criminal Prosecutions Service Act (CPSA); The Prison (Amendment) Act and (ii) The Criminal Proceedings (Judge Alone Trial) Act [No. 28 of 2017; and No.8 of 2021], unmistakably make the point.<\/p>\n

TINKERING OF HSO: 1967<\/p>\n

The recently replaced \u2018House Standing Orders\u2019 [HSO: 1967], given \u2018Royal Assent\u2019 then by \u2018Her Majesty, Queen Elizabeth II,\u2019 had seen an interesting, but apparent cleverly tinkered \u2018Section.\u2019 Such tinkering positions \u2018House Members\u2019 to act swiftly and decisively, yet without exercising any discretion whatsoever; \u2018If a Member of the House shows disregard for authority of; (i) The Chair; or (ii) Abuses these Standing Orders\u2019 by; (a)\u2019Persistently; and (b) Willfully obstructing the \u2018Business of the House.\u2019 Such authority states; \u2018The Speaker; (a) \u2018Shall direct the attention of the House to the incident; by (b) Naming the Member concerned.\u2019<\/p>\n

REVISED HSO\u2019S<\/p>\n

In the \u2018Revised House Standing Orders -2020\u2019 [No: 6], \u2018Legal Drafter\/s\u2019 appeared to have anticipated two things; (i) \u2018House Members may not necessarily position themselves to eliminate ignorance: and (ii) Some may not bother to read the new \u2018House Standing Orders.\u2019 To all intents and purposes, the word \u2018MAY\u2019 which had given \u2018Members of both Houses of Parliament\u2019 a \u2018Discretionary Power,\u2019 exercisable only by themselves, has now become \u2018SHALL.\u2019 In the previous \u2018House Standing Orders\u2019 it allows for a \u2018Motion\u2019 to be moved against the identified \u2018Disorderly Member\u2019 who \u2018May or May\u2019 not have been immediately \u2018Suspended\u2019 [HSO: 43 (1): April 7, 1967].<\/p>\n

UNDIVIDED ALLEGIANCE<\/p>\n

In this nation, every \u2018Member of Parliament\u2019 is subject to the \u2018King\u2019s Authority.\u2019 This has been so, be they elected Representatives of the people, including; House Speaker and Senate President.\u2019 Every Member, intelligent or illiterate\u2019 not only shall subscribed or affirmed to the \u2018Oath of Allegiance,\u2019 but also owes to \u2018His Majesty,\u2019 an undivided allegiance. \u2018House Speaker, Sir Gerald\u2019 owes such to both \u2018Governor General and King\u2019 who appointed him to function in such capacity. Rightly or wrongly, while Ministers may say \u2018To hell with the \u2018Maria; Alincia and Samantha,\u2019 none dare say; \u2018To hell with the \u2018Prime Minister.\u2019<\/p>\n

INADVERTENCE OR IGNORANCE<\/p>\n

When the \u2018Raucous\u2019 occurred within the Lower Chamber of Parliament,\u2019 \u2018House Speaker, Sir Gerald O. A. Watt KCN, KC\u2019 and the \u2018Elected Members\u2019 appeared to have forgetfully allow for; (i) \u2018A Motion to be \u2018Moved and Seconded,\u2019 then such \u2018Motion\u2019 put to the whole \u2018House for \u2018Ayes or Noes Votes\u2019 to be taken to decide the fate of \u2018Independent House Member, Asot Michael.\u2019 Instead, the \u20183-Meeting Suspension\u2019 was procedurally, improperly put before \u2018Members of the Parliament,\u2019 either out of \u2018Inadvertence or starved for knowledge of the revised \u20182020-House Standing Orders\u2019 [No.50 (7)].<\/p>\n

MISDIRECTED OR MISGUIDED<\/p>\n

Firstly, when the \u2018House Speaker\u2019 called upon \u2018Members of the Government to take action, he may have temporarily \u2018Lost Collectedness,\u2019 put the punishment before the \u2018Whole House\u2019 on which the \u2018Majority,\u2019 seemingly woefully starved for knowledge of \u2018House Standing Order 50 (7),\u2019 voted for the \u2018Suspension.\u2019 Now, when \u2018Members of the \u2018Lower House\u2019 appeared to have been \u2018Misdirected or Misguidedly\u2019 suspended \u2018House Member Asot Michael,\u2019 he may have been given vexed reasons to have aught against \u2018House Speaker Sir Gerald Watt.\u2019<\/p>\n

STRIDING AND SNIFFING<\/p>\n

Every once in a while, \u2018Public officials\u2019 are caught up in their own fancies. They are tickled and enchanted by that which holds interests to their mental well-being. While they do, people in are slowly drowning in their miseries. Yet they are hopeful and yearning for something to lift their spirit and excite their imaginations. They are not concerned with trivia, the kind that excites anger and frustration as the \u2018Dog\u2019 called \u2018Valder,\u2019 accorded privileges that ordinarily, are off-limit or inaccessible to residents and citizens. The thought of a \u2018Dog,\u2019 being leashed around in three State institutions, \u2018Striding and Sniffing,\u2019 have left many dismayed as it has left many angrily perplexed and disgusted.<\/p>\n

WARMLY WELCOMED<\/p>\n

Incidentally, where \u2018Suspended Member of Parliament, Asot Michael\u2019 could not now attend or visit, \u2018Doberman Valder\u2019 was said to have been \u2018Warmly Welcomed\u2019 and accommodated. Since \u2018House of Representatives Member, Asot Michael\u2019 was slapped; (a) Suspension for three Meetings; and (b) Restriction from visiting the premises of the Legislative Body,\u2019 the \u2018Courtesies and Cordialities\u2019 extended to \u2018Doberman Valder,\u2019 may have caused him to feel that \u2018Dog was better than him\u2019 [JW]. This has evoked memories of \u2018Animal Astronaut \u2018Rover.\u2019 Research has shown that though not of a laboratory-cloned Doberman Dog,\u2019 it was experimentally rocketed off into \u2018Orbit\u2019 on a \u2018Russian Satellite.\u2019 All that was said to be remembered of it is the name \u2018Rover\u2019 [1962].<\/p>\n

EXTENDED COURTESIES<\/p>\n

Owned by flamboyant actor, \u2018Lagos, Nigerian-born, Greek and British national, seemingly least bothered with a checkered-history and pending \u2018Drug Trafficking Trial\u2019 [St. Kitts\/Nevis: May 14, 2019], \u2018Alkivides \u2018Alki\u2019 David 55,\u2019 and his laboratory-cloned \u2018Dog\u2019 appeared to have found an Island-Nation Paradise.\u2019 Intriguingly, \u2018Doberman Vader\u2019 was extended courtesies reserved only for human visitors by \u2018Tourism authorities. Dubbed \u2018Hollywood Bad Boy Billionaire,\u2019 [Wikipedia], whether or not wooed, lured or invited to the tiny-sun-drenched island-nation, of \u2018Antigua and Barbuda,\u2019 Alki David, either using a similar \u2018Global Positioning System (GPS)\u2019 to that of \u2018Indian\/Antiguan diamantaire, \u2018Mehul Choksi.\u2019 \u00a0Dog and Dog owner were said to have taken up residency within the \u2018Affluent Gated Jolly Harbor Community.\u2019<\/p>\n

WALK THROUGH PARLIAMENT<\/p>\n

Accorded the status \u2018Very Important Dog (VID),\u2019 the \u2018genetically-cloned dog\u2019 was reportedly leashed around on a \u2018Walk Through Parliament,\u2019 was capable of incensing \u2018Suspended House Member, Asot Michael. Though there was no Meeting of Members of the \u2018Lower House,\u2019 he may have been given reasons to take umbrage with; (ii) \u2018Clerk to Parliament, Rosemary Weston\u2019 for allowing the Dog to sniff at his \u2018Seat,\u2019 for what only \u2018Heaven\u2019s knows.\u2019 This, however, may have been those with \u2018Suspicious Minds.\u2019<\/p>\n

DOG SHOW<\/p>\n

According to news reports, the \u2018Dog\u2019 had been given privileges that residents of the \u2018Pointe and Grays\/Green communities,\u2019 and even pets were never accorded. It had reportedly visited: (i) \u2018The office of Governor General: (ii) The Parliament: and (iii) The \u2018Cabinet.\u2019 In \u2018Modeling,\u2019 males and females usually take the \u2018Runway\u2019 to do the \u2018Catwalk.\u2019 At \u2018Cabinet,\u2019 the \u2018Solo Dog Show\u2019 reportedly involved \u2018Valder.\u2019 The lone female among the male-dominated Cabinet,\u2019 Member of Parliament Maria Vanessa Bird-Browne\u2019 appeared not to have been amused or enthused. It was evident that such \u2018Dog Show\u2019 may not have been to her fancy, liking or desire.<\/p>\n

DOG WALK<\/p>\n

From video footage of a still picture, it showed the \u2018Visitors\u2019 in the company of its owner; (i) \u2018Alki David; (ii) Sir Robin Yearwood; and (iii) Sir Molwyn Joseph.\u2019 Incidentally, appropriately and immaculately attired, holding \u2018Valda\u2019 on its leash, he, a lover of animals and owner of different \u2018Un-cloned Species,\u2019 delighting other Cabinet Members, with matchable stride, grace and poise, he did the \u2018Dog Walk\u2019 [ANR: June 3, 2023]. Seemingly observing \u2018Human-Like Traits\u2019 in \u2018Doberman Valder,\u2019 a clearly fascinated, \u2018Tourism Minister, Charles \u2018Max\u2019 Fernandez\u2019 was reported speaking to its non-aggressive temperament.<\/p>\n

CHARMING AND ELEGANT<\/p>\n

The Minister reportedly described its behavior as \u2018Charming and Elegant\u2019 [ANR: June 3, 2023]. It could never have been suggested that \u2018Valder\u2019 had exhibited behavior, that had \u2018House Speaker, Sir Gerald O. A. Watt,\u2019 could have been observed, may very well have been more acceptable and tolerable than of any member that may face \u2018Suspension.\u2019 That which \u2018Sir Gerald\u2019 may wish to inform or remind himself. is that when the \u2018Duly Elected Candidates\u2019 took their seats in Parliament as \u2018Representatives\u2019 of the people. Every \u2018OECS House Speaker\u2019 shall know that these were the same Members that had voted for their appointment to fill the \u2018Chair as \u2018House Speakers.\u2019<\/p>\n

ISSUE OF SUSPENSION<\/p>\n

On the vexed \u2018Issue of Suspension.\u2019 While the functions of \u2018House Speakers\u2019 has always been the conduct \u2018Chairmanship\u2019 of parliamentary debates, doing so necessitates a set of; (i) \u2018Procedural Standing Orders; and (ii) Commonality of understanding by both \u2018House Speaker and elected Members. Effective conduct or performance of such functions, necessitates; \u2018Punitive Consequences\u2019 to be firmly, fairly and impartially applied against; (a) \u2018Interruptive: (b) Disorderly; (c) Disrespectful; (d) Errant or recalcitrant; and (e) Disobedient Members,\u2019 be it; (i) \u2018The House of Representatives; or (ii) The Senate.\u2019 It appears that in these \u2018Sacred Chambers,\u2019 the \u2018Membership and Chair\u2019 of the bicameral Chambers\u2019 of most of the \u2018Organization of Eastern Caribbean States (OECS), \u2018Parliaments,\u2019 continues to see themselves as; (a) \u2018Government; and (b) Opposition.\u2019<\/p>\n

PARLIAMENTARY MEMBERSHIP<\/p>\n

The \u2018Parliamentary Membership,\u2019 includes; \u2018House Speakers and Senate Presidents.\u2019 It may have been a harbored illusion that whether or not interruptive or disorderly, the only \u2018Voices\u2019 that shall be heard within the bicameral chambered Parliament shall be those of the \u2018House Majority.\u2019 Such majority hold the \u2018Reign of Government.\u2019 It has been the view of many observers that the recent raucous in the \u2018Lower House,\u2019 may have been averted.\u2019 Mistakenly called upon the \u2018Government Majority\u2019 to take action against the intolerable behavior\u2019 of the unmistakable angered \u2018Member\u2019 may have been prompted on and prolonged by that which was quite audible<\/p>\n

BOISTEROUS AND DISCOURTEOUS<\/p>\n

The Member, when called upon to observe the \u2018Standing Order\u2019 that addresses \u2018Cross-Talk,\u2019 even as other voices could have been audibly heard, the \u2018House Speaker,\u2019 appeared not to have heard. Besides, as \u2018House Member Steadroy \u2018Cutie\u2019 Benjamin\u2019 stood on his feet to elucidate to Member \u2018Sherfield Bowen\u2019 on the question of \u2018Retrospectivity\u2019 of law, addressing the \u2018Chair, Mr. Speaker, let me continue,\u2019 the \u2018House Spear\u2019 himself, became \u2018Boisterously and Discourteously\u2019 interruptive. Shouting loudly to the offending Member Asot Michael to leave the parliamentary Chamber and at the same time ordering the \u2018Sergeant-at-Arm,\u2019 to eject him, with \u2018Help\u2019 from wherever it could have been sourced.<\/p>\n

AUTHORITY OF THE CHAIR<\/p>\n

Whether by exploitation or Manipulation,\u2019 none shall seek to apportion blame to \u2018Sir Gerald\u2019s Superiority of Intellect.\u2019 The recently replaced \u2018House Standing Orders\u2019 [HSO: 1967], given \u2018Royal Assent\u2019 then by \u2018Her Majesty, Queen Elizabeth II,\u2019 had seen an apparent cleverly tinkered omission. It empowered the \u2018House Speaker\u2019 the course of action to be considered; \u2018If a Member of the House shows disregard for the \u2018Authority\u2019 of; (i) The Chair; or (ii) Abuses these Standing Orders\u2019 by; (a)\u2019Persistently; and (b) Willfully obstructing the \u2018Business of the House.\u2019 It states that the Speaker; (a) \u2018Shall direct the attention of the House to the incident; by (b) Naming the Member concerned.\u2019 The \u2018House Speaker, up to this point had followed the order. When this authority failed, then the available option has been referral to the House, that \u2018House Members\u2019 may act accordingly and appropriately.<\/p>\n

DISCRETIONARY POWER<\/p>\n

The \u2018House Standing Orders\u2019 allow for the identified \u2018Disorderly Member\u2019 to be forthwith put before the House. With no allowance for the issue of \u2018Against Natural Justice,\u2019 it disallows; (i) \u2018Amendment; (ii) Adjournment; or (iii) Debate.\u2019 Both \u2018HSO\u2019 [No. 43 (1): April 7, 1967], and the \u2018Revised House Standing Orders -2020\u2019 [No: 6], speak the same language. In the latter, the Legal Drafter\/s\u2019 appeared to have been aware of three possible things; (i) \u2018Some Members might be ignorant: and (ii) Some may not bother to read the new \u2018House Standing Orders.\u2019 The word \u2018MAY\u2019 which had given the Members of both \u2018Houses of Parliament\u2019 a \u2018Discretionary Power\u2019 exercisable \u2018ONLY\u2019 by themselves, to all intents and purposes, that has now become \u2018SHALL.\u2019 This, effectively removed their collective discretion.<\/p>\n

UNANIMITY OR MAJORITY<\/p>\n

Irrespective of \u2018Unanimity or Majority,\u2019 passed the \u2018House\/Senate Standing Orders-2020,\u2019 little the overwhelming majority knew they had deprived themselves of a \u2018Discretionary Power.\u2019 Such discretion allows \u2018Members\u2019 to decide whether or not to act against offending Members,\u2019 if collectively, they so advised themselves. In recent times, it appears that the elected \u2018Parliamentary Membership,\u2019 has left such to the \u2018Houser Speaker\u2019 in deciding on the course of action, if any, to be so taken.<\/p>\n

MEMBER\u2019S MISERIES<\/p>\n

Clearly adding to the Member\u2019s Miseries,\u2019 was the arbitrary exercise of authority, that has not resided with him, the \u2018House Speaker,\u2019 had clearly overreached when he \u2018Restricted\u2019 him from the premises of Parliament. Clearly, \u2018Sir Gerald\u2019 shall take no responsibility for any ignorance or illiteracy observed in the people\u2019s \u2018Parliamentary Representatives.\u2019 Though he was often seen and heard pointing out procedural knowledge and\/or deficiencies to some \u2018Members of the House,\u2019 these were to be advantageous to the \u2018Chair\u2019 when situations so demand.<\/p>\n

OPERATIVE WORDS AND MANDATORY<\/p>\n

Therefore, if the \u2018End justifies the means,\u2019 he was disposed to use; (i) \u2018The Membership divisively; or (ii) Manipulatively in giving effect to procedural instructions, even without \u2018Motions.\u2019 These are well supported in the recent fiasco, occasioned in the \u2018Sacred Chamber of the House of Representatives.\u2019 These shall be seen through two \u2018Operative Words; (i) \u2018May; and (ii) SHALL.\u2019 Where the previous \u2018House Standing Orders\u2019 allowed the exercise a \u2018Discretionary Power\u2019 in \u2018Revised House Order\u2019 No. 50 (7),\u2019 the \u2018Operative and Mandatory Word,\u2019 now reads; \u2018A Member \u2018SHALL\u2019 move a Motion for \u2018Suspension.\u2019<\/p>\n

SUSPENSION: MARGINAL MAJORITY<\/p>\n

The \u2018House Speaker appeared sufficiently observant to allow for the \u2018Chair\u2019 to make \u2018Discrete Assessment\u2019 of the \u2018Membership.\u2019 He would have been well-positioned to observed those that were \u2018Intellectually Deficient.\u2019 In the case of the \u2018Suspension\u2019 of \u2018House Member Asot Michael,\u2019 with or without Motion, there was a \u2018Marginal Majority the \u2018House Speaker\u2019 had relied upon to vote \u2018AYE.\u2019 Having correctly followed the procedures of; Naming the disorderly Member; and (b) Brining it to the attention of the \u2018House,\u2019 before any Member could have said \u2018Hail Mary, Full of Grace,\u2019 there was a resounding The Ayes\u2019 have it. It was then the House Speaker was reminded of his \u2018Birthday.\u2019<\/p>\n

CONCLUSION<\/p>\n

Each elected or appointed person to the \u2018Lower House and Upper House,\u2019 has a \u2018Duty of Incumbency.\u2019 Such speaks to informing and familiarizing themselves with the \u2018Standing Orders\u2019 of the bicameral Chambered Parliament. That which appeared evident to the people, may have been appalling and pathetic display of ignorance. Such, undoubtedly, resulted to the application of the \u2018House Standing Orders\u2019 against a Member, who by clear acts of provocation, incurred consequential sanctions. Then, there are \u2018Parliamentary Chairs\u2019 that appeared to be playing more music that brings no Cheers\u2019 to the populace. They have avoided best practices that speak to impartiality; equal application of the \u2018House Standing Orders.\u2019 These undoubtedly, are necessary in creating and sustaining an orderly and enabling parliamentary environment. Clearly, until the elected understands that which is called responsibility and maturity; Until they understand that the people\u2019s interests are the national interests; Until they recognize that their parliamentary behavior borders despicability and reprehensibility; and until Members show respect and extend courtesies to each other, collectively, they all run the risk of being seen as \u2018Houses of Rogues.\u2019<\/p>\n

***<\/p>\n

 <\/p>\n

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Rawlston Pompey In human affairs and discourse, temper is expected to flare, while disagreement may lead to squabbling and quarrelling, while frayed nerves often lead to other things. These are inevitable. These are all part of human nature, behavior and psyche. 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