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2 OUR HOUSE An Introduction to the Parliament of The Cooperative Republic of Guyana Edited by Nazima Raghubir and Wesley Gibbings A project of the Canada Fund for Local Initiatives (CFLI) implemented by the Association of Caribbean Media Workers Georgetown, Guyana, January This document was prepared by the Association of Caribbean Media Workers on behalf of the Canada Fund for Local Initiatives (CFLI). Its contents are free for download and/ or copy once the source is acknowledged and the information is not edited. The editorial team was led by Nazima Raghubir and Wesley Gibbings. Our House was researched and written by Johann Earle and Sara Bharrat. Layout, Design, Illustration and Web Development, IntellectStorm and Photography by Keno George, Adrian Persaud and Parliament of Guyana. Special thanks: Ms Carleen Langford, Foreign Policy and Diplomacy Officer, Canadian High Commission, Mrs Ann Geer, CFLI Coordinator, Mr Sherlock Isaacs, Clerk of the National Assembly of Guyana, Ms Jocette Bacchus, Clerk of the Committees, Parliament of Guyana, Gariann Butters and the Guyana Chronicle, Ms Nadia Carter and the Walter Rodney National Archives and Kim Chung of the People s National Congress. 4 Preface 5 Foreword 6 National Anthem 7 From The Speaker PARLIAMENT AND GOVERNMENT 8 The Executive, the Judiciary and the Legislature 11 The President 12 How Parliament Works 14 The Unicameral Legislature 15 Representation of the People Act 17 What the Constitution Says RULES OF THE GAME 18 Standing Order 19 Presiding Officer 20 The Administrative Arm 22 Members of Parliament 24 Comittees of Parliament 26 Minorities and Majorities 27 Parliamentary Documents 29 From Bill to Act 31 Budget and Finance 33 Question Time 35 Resolutions 36 The Presidential Address CONTENTS PARLIAMENTARY SIGN POSTS 38 Our Parliament Building - From Hadfield to Castellani 39 The Colonial Legislature 41 First Sitting of the National Assembly 43 First Female Members of Parliament 45 First Female Speaker 47 First Indigenous Member of Parliament 49 Speakers of the Parliament of Guyana 2 3

3 PREFACE FOREWORD The Government of Canada views the promotion of inclusive and accountable governance, peaceful pluralism, respect for diversity, and human rights, as keys to successful and sustainable democratic societies. This is reflected in our foreign policy and international assistance, including our work through invaluable programs such as the Canada Fund for Local Initiatives (CFLI). The ACM is pleased to have been associated with this project to develop public information materials to promote greater awareness of the contribution of the parliamentary system to transparent and accountable governance and genuine representation of the will of the people of Guyana. We have striven to ensure that the material produced is accurate and reflective of both past and present experience and practice. We however acknowledge that the information contained herein represents a mere introduction to far more complex principles and arrangements and a vast record of parliamentary history. Congratulations to our team of researchers, writers, graphic artists, online developers, photographers and project supervisors on a job well done. Wesley Gibbings President This is why we support projects in Guyana that promote the full participation of people, including women, youth and marginalized groups, in the decision-making processes and institutions that affect their lives. We are particularly proud of the Parliament Livestream Broadcasting project which provides a window into Parliamentary activities as they occur in real time. We are similarly immensely proud of this year s CFLI project implemented by the Association of Caribbean Media Workers (ACM). It is our hope that this handbook and its companion version for children will inspire greater engagement between Parliament and the Guyanese people. We also hope that children will enjoy the graphics and games that accompany their handbook, as well as the learning process! We believe that a democratic, inclusive and accountable society needs to enable meaningful youth participation not only because they are tomorrow s leaders and decision-makers, but because young people have different and innovative skills, networks, and ways of solving problems. Good governance is everyone s business. We must recognize the vital role that we all play in fostering pluralistic, inclusive, and democratic societies and endeavour to do better, and be better, in safeguarding the processes governing our communities and countries. Thank you, Pierre Giroux High Commissioner of Canada to Guyana 4 5

4 THE NATIONAL ANTHEM FROM THE SPEAKER Dear land of Guyana, of rivers and plains, Made rich by the sunshine, and lush by the rains. Set gem-like and fair, between mountains and sea, Your children salute you, dear land of the free. Green land of Guyana, our heroes of yore, Both bondsmen and free, laid their bones on your shore. This soil so they hallowed, and from them are we, All sons of one mother, Guyana the free. Great land of Guyana, diverse though our strains, We are born of their sacrifice, heirs of their pains. And ours is the glory their eyes did not see, One land of six peoples, united and free. Dear land of Guyana, to you will we give, Our homage, our service, each day that we live. God guard you, Great Mother, and make us to be More worthy our heritage, land of the free. Hon. Dr. Barton U.A Scotland, O.R., CCH, MP., Speaker of the National Assembly It is a pleasure to accept the invitation of His Excellency the High Commissioner of Canada to Guyana, Mr. Pierre Giroux to contribute this Foreword to the publication Our House. This publication adds to the effort of the Parliament Office of Guyana directed at enabling the citizens of Guyana to better understand the workings of Parliament. The Parliament Office, in recent years, has recognized the need to encourage in Guyanese an active interest in the affairs of Parliament. As part of this effort, the Office has embarked on several initiatives, including a Schools Outreach Programme which consists of visits by the Speaker, Members of Parliament and Officers from the Parliament Office to schools across the ten Administrative Regions of Guyana; the Office s weekly newspaper publication The Parliament Corner ; and a robust social media campaign. It is through programmes like these that the National Assembly will be able to reconnect with, and help to direct the minds of the young and all citizens towards the work of Parliament. This publication will aid the Parliament Office in its objective of Bringing Parliament to Life for Guyanese. It will enable the public to better appreciate the role of the Parliament and to make informed decisions and express opinions on debates taking place in the National Assembly. This publication is timely, and I applaud the vision of the High Commissioner in his support for its preparation. To the Association of Caribbean Media Workers, which implemented this local initiative, we offer high praise. Thank you for a job well done! I take this opportunity to thank the Canadian High Commission for their continued support in fostering a better relationship between the people of Canada, and the Parliament and People of Guyana. 6 7

5 PARLIAMENT AND GOVERNMENT The Executive, the Judiciary and the Legislature The Executive, the Judiciary and the Legislature In the Commonwealth system, countries are usually governed by three separate, complementary branches of Government the Executive, the Judiciary and the Legislature. In Guyana, the Executive comprises the President and the Cabinet. Government agencies and departments act in administrative support of the Executive. Then there is the Judiciary, comprising the law courts, whose mandate is to dispense justice through the application of laws passed by the Legislature. The Legislature is the Parliament, where the country s laws are made. This division of power is meant to provide checks and balances necessary under conditions of democratic governance. The President and the National Assembly together comprise the Legislature, which is said to be the most important branch of the Government as it makes and amends the laws of the land. While the President is not a member of the National Assembly, he or she has the power to attend and address the Assembly at any time. The President must assent to any Bill passed by the National Assembly before it can become law. This is followed by a process of publishing or gazetting the passage of the new or amended law or regulation. The Executive branch is the arm of Government that governs Guyana. As outlined in the Constitution, the President is the Head of State or the supreme executive authority and is also the Commander in Chief of the Armed Forces of Guyana. The President, who is head of the Cabinet, assigns ministers of Government to their tasks. The Cabinet advises the President on the general direction and control of the Government. For example, the Minister of Finance, before moving to consider a Financial Paper, may indicate that Cabinet has signified its consent for the measure to be approved. The Judicial branch vests its authority in the courts, which determine and interpret the law in an independent and impartial manner. The courts are subject only to the Constitution and the laws of Guyana. The head of the Judiciary is the Chancellor of the Judiciary, who is the chief representative of the judicial authority of Guyana. The Supreme Court consists of the Court of Appeal and the High Court. Chapter 122A of the Constitution speaks to the independence of the Judiciary, stating: All courts and all persons presiding over the courts shall exercise their functions independently of control or direction of any other person or authority and shall be free and independent from political, executive and any other form of direction or control. The Constitution also says that the Judiciary has a direct charge on the Consolidated Fund ensuring that it is 8 9

6 The Executive, the Judiciary and the Legislature PARLIAMENT AND GOVERNMENT The President autonomous. The Legislature in Guyana s case is the single-chamber Parliament - an independent body responsible for making the country s laws. Created by the 1966 Constitution of Guyana, the Parliament of Guyana was embodied in the Schedule of the Guyana Independence Order, made pursuant to the Guyana Independence Act, passed on May 12, The Legislature is different from other arms of Government because parliaments are critical institutions for the functioning of democratic systems and are key to the national policy-making process. In Guyana, the Constitution sets out a clear pathway for the election of the President. It says that the person must be on a list of a political party to be considered. It says too that a political party may designate not more than one person to be the Presidential Candidate. When a person votes in the election in favour of a particular party, he or she is in effect voting for that particular candidate for President. The Chairman of the Elections Commission shall declare a candidate elected as President if he or she is the only presidential candidate. However, if there are two or more Presidential candidates on the party lists for an election, the candidate for the party receiving the most votes becomes the President.The Constitution makes provision for the eventuality of a tie. Article 177 (3) Where no person is elected as President under paragraph (2) and where the votes cast in favour of each list are equal in number or where the votes cast in favour of each of two or more lists are equal in number but greater than the number of votes cast in favour of any other list, the Chairman of the Elections Commission, acting in the presence of the Chancellor and of the public, shall by lot choose one of the lists in respect of which the votes are equal in either of the circumstances aforesaid and shall declare the Presidential Candidate designated in that list to the duly elected as President 10 11

7 PARLIAMENT AND GOVERNMENT How Parliament Works How Parliament Works Hansard, Bills, Acts, Estimates, the Budget Speech, Notice Papers and Reports. The Parliament also has the important function of approving Government spending. The Constitution mandates that there must be parliamentary approval before funds can be withdrawn from both the Consolidated Fund and the Contingencies Fund held by the state. The Constitution of Guyana says Parliament may prescribe the manner in which withdrawals may be made from the Consolidated Fund or any other state fund. For example, the annual national budget is examined and approved by the Committee of Supply, which is a Committee of the Whole House and thereafter approved in the National Assembly before any spending can take place. The Constitution also allows for Parliament to make provision for the establishment of a Contingencies Fund and for withdrawal from such a fund. At the heart of parliamentary practice is the political party system, since most members emerge from political organisations. In accordance with Article 103 (3) of the Constitution, the President may appoint up to four non-elected Ministers and up to two non-elected Parliamentary Secretaries who may not be members of political organisations. In parliamentary democracies, political parties are an essential element in the working of the Constitution. However, the effectiveness of the party system in Parliament depends on the relationship between the Government, the Opposition and the Presiding Officer - the Speaker. As a best practice and as outlined in the Standing Orders, Committees may have a balance in political party representation. The latter aims to contribute to the creation of policy and legislation through constructive criticism and opposition. It also allows members to propose alternative plans and policies. It is the role of Parliament to make be put to the House and eventually and change laws, debate important debated and either passed or negatived. issues of the day, check and approve Very often, proposed legislation, or Government spending, challenge the Bills, are subjected to changes known as work of Government and provide a level amendments during the passage. of oversight over public entities. In most instances, a simple majority Supporting all of this are the various would suffice either to pass a new law or departments of the Office of the to make amendments. However, in cases Parliament. where there are entrenched provisions This Office comprises a secretariat or specific constitutional amendments, located at Parliament Building. Among a 2/3 majority, and in some matters a the departments are the Offices of referendum, is required. the Speaker and Deputy Speaker and Following the passage of the legislation the Clerk and Deputy Clerk. They in the House, it is then sent to the also include the Accounts Division, President for his or her assent. Committees Division, Legislative The assent by the President and the Department, Hansard Division, the gazetting of the legislation are the final Parliamentary Library and the Registry. steps in the process to make the passed As one of the three pillars of legislation into law. Government, the Parliament has The Parliament is also a place where an important role in the country s a wide variety of issues can be noted, democratic process. moved, tabled and debated. These With law-making, both the Government issues can include a variety of important and the Opposition can propose national developments. legislation through a Notice in the Different types of Parliamentary Papers House. The proposed legislation will include the Order Paper, Minutes, the 12 13

8 PARLIAMENT AND GOVERNMENT The Unicameral Legislature PARLIAMENT AND GOVERNMENT Representation of the People Act Guyana has a unicameral cost effective and efficient. Unlike The Representation of the People national level. legislature or single legislative bicameral legislatures, single-chamber Act is one of the laws of Guyana Guyana is divided into 10 geographic chamber. Other countries of the systems do not require an additional governing how the country s constituencies. Twenty-five individuals English-speaking Caribbean have what is known as a bicameral system. The main difference between the two systems is that a unicameral legislature consists of one House of Parliament whereas a bicameral legislature has two chambers or Houses of Parliament. About half of the countries of the world have unicameral legislatures. There have been two periods in the past where Guyana has had bicameral legislatures between 1953 and 1954 and between 1961 and Supporters of the single-chamber legislature suggest that such a system makes decision-making more level of approval in order to pass laws. There is however a view that the unicameral system does not always fairly represent all sections of society and that bicameral legislatures offer an opportunity to entertain a wider variety of positions. The United States Congress comprises the Senate and the House of Representatives while the United Kingdom has two chambers - an appointed House of Lords and an elected House of Commons. In most countries of the Commonwealth Caribbean, there are two chambers a House of Representatives and a Senate. national and regional elections are conducted and what mechanisms must be in place for the holding of elections. It also prescribes the method employed for the selection of members of the National Assembly. According to the Representation of the People Act of 1964, the National Assembly shall comprise at least 65 elected members whose election shall be on a party list basis to which the system of proportional representation is applied. The system of proportional representation employed in Guyana uses the Largest Remainder Hare Formula are elected to represent these constituencies in the National Assembly. The Act specifies that with regard to seat allocation from the geographic regions, two persons shall come from Region 1, two from Region 2, three from Region 3, seven from Region 4, two from Region 5, three from Region 6, two from Region 7, one from Region 8, one from Region 9, and two from Region 10 for a total of 25. The remaining 40 elected members of the House are chosen from designated national Top up Lists supplied by the contesting parties. There can be up to 72 members of catering for geographical and gender Parliament as the President can appoint representation in the allocation of seats. four non-elected ministers and two nonelected Under this system, the quota for Parliamentary Secretaries. The geographical representation is appointment of a non-elected Speaker established by dividing the number of can bring the total to 72. valid votes cast in a particular constituency by the number of seats assigned to that constituency. The National Top up seats are established by dividing the total number of votes cast in the country by the total number of seats in the National Assembly. Seats are first assigned to lists of candidates who received sufficient votes to fulfill the quota after which the largest remainder formula is applied to assign the rest of the seats, both at the constituency level and at the 14 15

9 PARLIAMENT AND GOVERNMENT PARLIAMENT AND GOVERNMENT Representation of the People Act What the Constitution Says T he Constitution of the Cooperative Republic of Guyana, which came into effect in 1980 but was amended thereafter, clearly lays out the requirements for one to become a member of the country s highest legislative body the National Assembly of Guyana. It further stipulates that a person shall be qualified for election as a member of the National Assembly provided he or she is a citizen of Guyana 18 years or older and is able to speak and, unless incapacitated by blindness or other physical cause, to read English with a degree of proficiency sufficient to enable him or her to take an active part in the proceedings of the Assembly. The Constitution also says that if a person who is not a Member of Parliament is elected Speaker of the National Assembly, that person would automatically become a member of the National Assembly by virtue of being the Speaker. A Parliament ceases to exist five years from the date when the Assembly of a new Parliament first meets, unless 16 sooner dissolved. All current business of the Assembly ends when the President declares the prorogation of Parliament. Under article 70 (1) of the Constitution, Parliament may be prorogued by the President, by proclamation, at any time. 17

10 RULES OF THE GAME The Standing Orders RULES OF THE GAME The Presiding Officer The National Assembly is made up Orders are subjected to ongoing reviews The Speaker and Deputy Speaker of members of the House. The Deputy of representatives of elected and are enforced by the Speaker. the National Assembly are two of Speaker is empowered as the Speaker to political parties who sit within the The Standing Orders of the National the most important officers of the carry out the functions of managing the walls of Parliament to represent the Assembly guide the following: National Assembly. affairs of the House in the unavoidable interests of the population. To do its Election of the Speaker and Deputy After every general election, the absence of the Speaker. work in an efficient, effective and transparent manner, the National Assembly is governed by a set of rules and guidelines known as parliamentary Standing Orders. These rules and guidelines are captured in a document known as the Standing Orders of the National Assembly. The Standing Orders outline the day-to-day functioning of the Assembly. The Standing Orders are developed by a Sessional Select Committee. Standing Speaker, formulation of the Order Paper, rules of debates, guidelines for tabling parliamentary Papers, Motions and Bills; guidance on how questions and debates around those parliamentary Papers, Motions and Bills should be conducted. Standing Orders also contain rules and guidelines which govern the functioning of Parliamentary Committees. These include: Sectoral Committees, the Public Accounts Committee, Special Select Committees, and the Committee of Privileges. Members of Parliament elect a Speaker from among any member, who is not a Minister or a Parliamentary Secretary, to preside over the proceedings of the House. The Speaker oversees the administration of the House and chairs several committees including the Parliamentary Management Committee, Privileges Committee, Selection Committee and Statutory Instruments Committee. The Speaker is also the spokesperson and representative of the National Assembly in its relations with the executive, the judicial branches of government and other bodies outside of the House. The Clerk of the National Assembly assumes the role of Chairman during the process to elect the Speaker. Once elected, the Speaker of the National Assembly then presides over the process to elect the Deputy Speaker. The Speaker of the National Assembly presides over the sittings of the House and ensures its members uphold the Standing Orders. In addition to chairing the Parliamentary Management Committee, the Speaker of the National Assembly oversees the administration of the House. In a similar manner, the Deputy Speaker is also elected from amongst the 18 19

11 RULES OF THE GAME The Administrative Arm The Administrative Arm The Clerk of the National Assembly is an office holder provided for in the Constitution who has a public administrative role and is someone expected to be well versed in the rules of parliamentary procedures and practice. The Clerk, a constitutional office holder, is a Head of Department within the civil service and administers the affairs of the Parliament Office. The public together with members of the National Assembly may scrutinise the decisions made and advice given by the Clerk. The exercise of this responsibility by the Clerk is qualitatively different to the exercise of the normal administrative functions of department heads. The Clerk administers a department comprising staff members and provides services to the Speaker and to the Assembly. The Clerk is responsible for appointments, attendance, hours of duty, overtime and matters of discipline of the staff of the Parliament Office. The Clerk is also responsible for procedural matters inside and outside the Parliament Chamber. The Clerk also performs important functions in the legislative process. As each Bill is passed by the Assembly and before it is sent to the President for his assent, the Clerk must satisfy his or herself that the Bill is as determined by the Assembly, and must certify that it has been passed by the Assembly. When the Assembly proceeds to elect a new Speaker, the Clerk assumes the role of Chairman of the National Assembly until the Speaker s Chair is filled. The Deputy Clerk of the National Assembly is also a constitutional office holder and attends the Sittings of the National Assembly and assists the Clerk in the execution of his or her administrative and procedural duties. The Deputy Clerk is the Accounting Officer of the Parliament Office and co-ordinates all human resources and the physical maintenance of the Public Buildings. Former Clerk of the National Assembly Frank Narain and a guest in the Speaker s Chair (1993) Clerk of the National Assembly Sherlock Isaacs and former Clerk Frank Narain Clerk of the National Assembly Sherlock Isaacs with Sergeant-at-Arms Dhaniram Kunjebeharry 20 21

12 RULES OF THE GAME Members of Parliament Members of Parliament Members of Parliament (MPs) are representatives elected to serve periods of five years or until a general election is called and the Parliament is dissolved. The Leader of the Government in the House is the parliamentary counterpart of the Leader of the Opposition and is usually the Prime Minister. He or she is responsible for administering government s business in the House, including negotiations with the Leader of the Opposition. The Leader of the House also determines the schedule of House business for the sittings. He or she may present any Paper containing any reply from the Government to the recommendations or opinions expressed by the Committee of the Assembly or tabled in a report. The Leader of the Opposition is elected from the ranks of the non-government members of the House. The Leader of the Opposition is elected at a meeting of members chaired by the Speaker of the National Assembly who does not cast a vote. While the Leader of the House sets Government s agenda in the National Assembly, it is the Leader of the Opposition who leads scrutiny of Government performance and conduct. The Leader of the Opposition also plays a pivotal role in the functioning of Constitutional Commissions and other bodies as he or she must be consulted on appointees to such commissions. Whips In unicameral Houses such as Guyana s, there are usually two Whips representing either side of the chamber. The term parliamentary Whip originates from 18th century parliamentary practice in Britain, when it was felt necessary to have someone round up out-of-town members of the country s early parliament to attend to matters at hand. The Whip from the Government side is responsible to the Prime Minister who is the Leader of the House. The Whip from the Opposition side is responsible to the Leader of the Opposition. The Whip on the Government s side, together with his or her counterpart of the largest Opposition party, facilitates consultations with other parties and members regarding the business of the House. The work of a Member of Parliament includes raising issues affecting their supporters, attending and participating in debates and voting on new laws and amendments to laws. MPs can also ask questions of a Government minister on behalf of their supporters and highlight particular issues which people feel strongly about. It is common that most MPs are also members of Committees, which look at issues in detail, from government policy and new laws, to a variety of wider topics

13 RULES OF THE GAME Committees of Parliament Committees of Parliament Parliamentary committees are regarded as extensions of the National Assembly. They are governed in their proceedings by the same rules as those which govern the Assembly but are limited by the extent of the authority given to them. A Committee for the purposes of Parliament is defined as a body of members selected to consider such matters as the House may refer to it or empower it to examine, including Bills. The Committee of Selection establishes all committees and appoints their members. There are several types of committees: Standing, Sessional, Special and Joint as well as the Committees of the Whole. These Committees, in assisting the National Assembly with its work, perform a number of functions. They may investigate an issue and examine witnesses and evidence before reporting to the National Assembly. Parliamentary Committees in the National Assembly can be categorised as: (a) Standing Committees; (b) Sessional Select Committees; and (c) Special Select Committees. Types of Committees The Standing Committees include: The Committee of Selection; The Parliamentary Management Committee; The Parliamentary Standing Committee on Constitutional Reform; The Committee on Appointments; The Public Accounts Committee; The Parliamentary Standing Committee on Oversight of the Security Sector; and The Sectoral Committees (Committee on Natural Resources, Committee on Economics Services, Committee on Foreign Relations and Committee on Social Services). The Sessional Select Committees comprise: The Standing Orders Committee; The Assembly Committee; The Committee of Privileges; and The Statutory Instruments Committee. and is restricted to Members of the Assembly in accordance with the Standing Orders. Special Select Committees are appointed for any purpose in which they assist the National Assebly. For example, a Special Select Committee can be appointed to consider or inquire into and, if so empowered, to take evidence upon matters and to report its opinion or observation and recommendation The entire House becomes a Committee thereon to the National Assembly. to consider a Bill or as the Committee of As far as possible, the membership of Supply to consider Estimates or a Committee is composed to reflect Supplementary Estimates of Expenditure the balance of parties in the Assembly. or Statements of Excess. Membership of Committees varies from six to 10 Members excluding the Speaker, if he or she is the Chairperson, 24 25

14 RULES OF THE GAME Minorities and Majorities RULES OF THE GAME Parliamentary Documents The parliamentary system of Guyana permits the constituting of two kinds of government. A majority government holds office when a political organisation has gained a majority of seats in the House. A minority occurs when a political organisation commands a plurality of seats but falls short of holding an absolute majority. A majority government is thus a government formed by a party or coalition of parties holding the majority of seats in the National Assembly. A minority government is formed by a party, or one or more parties in a coalition, and does not hold a majority of the seats in the National Assembly. While a minority government does not hold a majority of seats in the House, it usually holds more seats than any other party or coalition. A minority government must maintain the confidence of the House to continue in power. A plurality of votes is the number of votes cast for a party that receives more than any other but does not necessarily garner an absolute majority. Notice Papers, Petitions, Financial Papers, Regulations and Order Papers are among the documents considered by legislators within the National Assembly. These documents are all important instruments for the conduct of parliamentary proceedings. Order Paper - This is the official agenda of the House and it is published with the Notice Paper for each sitting. The Order Paper lists all of the agenda items that may be addressed at that sitting and the Notice Paper is a document prepared and circulated by the Clerk containing Bills, Motions and Questions for which notice has been given. A Bill - This is a proposed law submitted to Parliament for its consideration and approval and it may originate either from the government or from a Private Member from either side of the House. It may relate to either public or private interests. The Government may also table Bills to establish public bodies. However, Private Bills are for the particular interest or benefit of any person or body. Bills also grant powers, special rights or exemptions to a person or persons including corporations. They also give notice of a policy decision and elicit input on a particular issue through debates. Clause (of a Bill) - A Bill may be divided into clauses. For the purposes of definition, a clause is a division of a Bill consisting of an individual sentence or statement. Notice of Questions - A Notice of a question to a Minister is placed upon a Notice Paper unless the question is related to a matter of urgency (Oral Questions without Notice), and must be approved by the Speaker. Questions - These can be either in written or oral form and the replies can be either written or oral. They are usually from a member of the Opposition to a Government MP. Motions - This is a proposal that a Member of the House moves to achieve a specific action or to express an opinion with regard to some other matter. A Motion must be duly moved and seconded in order to be placed before the National Assembly for consideration. A Motion can only be tabled with the approval of the Speaker. However, no seconder is needed if moved in the Committee of the Whole Assembly. There are different kinds of Motions including Private Members Motions and Government Motions. Privilege Motions

15 RULES OF THE GAME Parliamentary Documents RULES OF THE GAME From Bill to Act concern the privilege of the Assembly and are given preference over all other business of the Assembly. Financial Paper This is an instrument of the House on which the Government may present Supplementary Estimates or Statements of Excess. Laws are important for the protection of people, to safeguard rights and responsibilities and for granting goods and services to citizens. The most important function of the House of Assembly is the creation and amending of laws. Laws begin as Bills proposed by the Attorney General s Chambers or through the laying of a Private Member s Bill. Under the Standing Orders of the National Assembly, any Member, other than a Minister, desiring to introduce a Bill, needs to provide written notice to the Clerk of the Assembly of his or her intention to do so. The Member introducing the Bill is also required to submit three copies of the Bill to the Clerk, along with an explanatory statement of objects and reasons which shall not contain arguments. If a Member desires to introduce a Private Member s Bill, a Motion for leave to introduce a Private Member s Bill must be scheduled under Private Members Business on the Order Paper not earlier than 14 days from the date on which written notice was given to the Clerk. In order for a Government Bill to become law, it must first be drafted, considered by the relevant governmental authority and submitted as a draft to Cabinet. It is necessary for the Bill to be published in The Official Gazette of Guyana before being introduced for a First Reading in parliament where only the title is read to Members of the Assembly. A date is then set for the Second Reading of the Bill when debate on the general merits and principles of the Bill is conducted. According to the Standing Orders, no Bill shall be read a second time until seven days have passed from the date of its publication in the Gazette and until it has been circulated to the Members. If passed at the Second Reading, the Bill is sent to the Committee Stage where there is a detailed examination of the Bill, clause by clause by what is called a Committee of the Whole. This applies only if the Bill is not referred to a Select Committee. Upon satisfactory completion of the Committee Stage, there is the Third Reading of the Bill and final passage. The Bill is then submitted to the Clerk of the Assembly for submission to the President for assent. Only then does a Bill become an Act of Parliament. The President is empowered to withhold assent to a Bill but it must be returned to the Speaker within 21 days with a message stating the reasons for withholding assent. If two-thirds of the Assembly vote to return the Bill to the President within six months, he or she must assent to it within 90 days of presentation

16 From Bill to Act RULES OF THE GAME Budget and Finance Bills In Parliament, financial business is the Constitution. It stipulates that the conducted by way of Bills. A Bill is a Finance Minister is required to prepare legal proposal that is introduced in and lay before the National Assembly the National Assembly. According to the estimates of revenues and Guyana s constitution, a Bill may be expenditure of Guyana within 90 days of introduced to the House by any member the commencement of the financial year. of the National Assembly. Bills relating to The twelve-month period, from January the national budget, taxation and other 1 to December 31, is traditionally used financial matters require the by the government for budgetary and recommendation or consent of Cabinet accounting purposes. before they are put before the National On approval, an Appropriation Bill is Assembly. introduced to provide for issues from The national budget is the Government s the Consolidated Fund. If the original statement of its fiscal economic and amount approved in the budget are social policies and is usually presented insufficient or if a need arises for which once a year. The budget process begins there is no provision, there is provision with the Minister of Finance establishing for supplementary estimates. An the timetable for budget preparation six Appropriation Bill can only be months in advance of the actual introduced by a Minister with the presentation of the budget to the approval of Cabinet. National Assembly. This is done through On rare occasions, where monies have the issuance of a budget circular to been expended in excess of the amount budget agencies and each agency is appropriated or for which no required to submit a budget that is appropriation has been made, the approved by the minister with direct Minister is required to present to the responsibility for that agency. Assembly, a statement of excesses for Once budget submissions are approved approval. Articles 219 and 220 of the by the various ministers, these are Constitution provide details on how this forwarded to the Minister of Finance. process should be conducted. The Finance Minister then moves a The parliamentary committee with motion in the National Assembly to responsibilities linked to finances is the present and approve the Estimates Public Accounts Committee. The of the Public Sector or the Budget for Public Accounts Committee examines the financial year. In this motion, the the accounts showing the appropriation Finance minister indicates that Cabinet of the sums granted by Parliament to has recommended that the National meet public expenditure and other Assembly proceed upon it. accounts laid before the Assembly and This process is outlined in Article 218 of referred to it by the Assembly along with 30 31

17 RULES OF THE GAME Budget and Finance Bills Question Time the Auditor General s Report. The Committee also exercises general supervision over the functioning of the Office of the Auditor General in accordance with the Auditor General s Rules, Policies and Procedures Manual. Further, it nominates the members of the Public Procurement Commission for approval by the National Assembly, and, thereafter, for appointment by the President. The Order of Business, which sets out the business of each sitting of the Nationally Assembly, provides two headings which together constitute Question Time. Oral Questions without Notice and Questions on Notice are the headings which allow questions to be put before a Minister or Parliamentary Secretary. The manner in which questions are put before Members of Parliament and how they are responded to is outlined in the Standing Orders of the National Assembly. Chapter Four of the Standing Orders provides details on how, when and in what manner questions may be put to Ministers and outline rules which govern the manner in which responses should be given. Usually, Oral Questions without Notice are allowed for 20 minutes during any sitting of the National Assembly. Anyone who wishes to put an oral question to a Minister without notice must seek permission in advance of the sitting and only with approval from the Speaker of the National Assembly may it be asked. During this time, only questions of this nature that are urgent and important or which relate to the business of the day are permitted. The questions must be precise and stated without argument or opinion and only two supplementary questions per original question may be permitted at the discretion of the Speaker. Questions on Notice are raised at a sitting at the time appointed by Standing Order No.13 and the time allocated for such questions and answers must not exceed 40 minutes. When the time for asking and answering Questions on Notice arrives, the Speaker calls successively each Member in whose name a Question appears on the Order Paper. A question on the Order Paper with an asterisk identifies it as one for which an oral response is requested. The Member so called rises in his or her place and asks the question by reference to its number on the Order Paper. In the case of a Question for Oral Reply, the Minister questioned arises in his or her place and replies. However, a Minister may decline to answer a Question, if the publication of the answer would in his or her opinion be contrary to the public interest. The proposal of any question to the House requires a formal reading of a motion from the Speaker which places it before the House. Until the question is proposed, it cannot be debated, amended or voted upon

18 RULES OF THE GAME RULES OF THE GAME Resolutions P ublic business is conducted by way of Bills and Motions in Parliament. A Motion, once removed by the House becomes a Resolution. These are used to express certain opinions of the House or to recommend that Government takes action on any particular matter. Within the context of Guyana s Parliament, Resolutions can be defined based on the manner in which they function: 1) A Motion may be a Resolution adopted by the House in order to make a declaration of opinion or purpose. In such a case, a Resolution does not have the effect of requiring that any action be taken. 2) It may also be a decision of the House giving a direction to any committee, Members or officers, or regulating its proceedings. 3) Finally, a Resolution can take the form of an order of the House to a committee instructing it to consider some matter or defining the scope of its deliberations. In this case, the Resolution may form a part of the Standing Orders of the National Assembly or be specially adopted to deal with issues as they arise. Presidential Address T he President s address is a formal message from the President to the National Assembly. The address of the President may refer to a speech given by the President at the beginning of a new Parliament and which signals the opening of a new parliamentary session. It may also be an address given to the National Assembly at any other time. Resolutions may be brought before the National Assembly by any member. These reflect the general opinion of the National Assembly even as they function as a declaration, recommendation or an approval/disapproval of an act of Government. Before a Resolution is passed, it must be voted on by the National Assembly. The opening proceedings of Parliament The opening ceremony of the Parliament Buildings (1966) The Sergeant-of-arms carrying the Mace as he leads the way for the President 34 Former President Jagdeo addressing the House. Speaker Ramkarran, Clerk of the National Assembly Frank Narain and Deputy Clerk Sherlock Isaacs are also pictured here President Granger addressing the House,

19 PARLIAMENTARY SIGN POSTS Our Parliament Building - From Hadfield to Castellani Our Parliament Building - From Hadfield to Castellani Gracing the landscape of the Capital City of Georgetown for more than 180 years, the Parliament Building, as it is called today, has a long history often captured in the period from Hadfield to Castellani two names which are forever associated with the captivating edifice which was built by enslaved Africans. In colonial British Guiana, the offices of the country s administration were housed at the current site of the Parliament Building which was then the Court of Policy Building. It was one of the first buildings erected by the Dutch when they settled along the Demerara River in the 18th Century. However, because of overcrowding, architect Isaac Hadfield petitioned for a larger structure to serve the purpose and in 1829 the foundation was laid for the new building as it appears today. After five years of construction work, the new building was completed and handed over to the Governor in April It was formally handed over to the colonial Government on August 5, At that time, the building housed the Court of Policy and offices for the Governor and his Secretary. Also located on the upper floor of the eastern wing were clerks and the assistant to the Attorney General. The offices of the Custom House and those of the Pilot Committee were on the ground floor of this wing. On the upper floor of the western wing were the Halls of the Supreme Court and Civil Justice while the Registrar General and his staff occupied the lower floor. Offices and apartments for the Administrator General, the Financial Representatives and the Governor were located on the upper floor of the central portion of the building. The lower floor of this part of the building housed the offices of the Auditor General, Provost Marshal, Deputy Post Master General, Financial Accountant and other functionaries. To honour the work of Isaac Hadfield, the street south of the Building was named Hadfield Street. The building was named Guiana Public Buildings. Guiana was subsequently dropped from the name and while the official designation is still Public Buildings, it is commonly and popularly referred to as Parliament Building. In 1875, Maltese architect Cesar Castellani installed the ornamental plaster ceiling in the building and is said to be responsible for the construction of its dome which is not believed to have been part of the original design. Former Clerk of the National Assembly Frank Narain wrote that when the British introduced a Crown Colony system of Government in British Guiana in 1928, with a Legislative Council in the place of the Court of Policy, the Court of Policy Hall became the place for the meetings of the Legislative Council and was called the Council Chamber. This Chamber continued to be the meeting place for the country s legislators. According to Narain, a new department called the Office of the Legislature was established with the introduction of a new Constitution in 1953, and the establishment of a ministerial system of Government and the Office of Speaker. When Guyana attained its Independence on May 26, 1966, the Legislature became the Parliament of Guyana, the Council Chamber was renamed the Parliament Chamber and the Office of the Legislature was renamed the Parliament Office. The Old Public Buildings Erected in 1832 sport a new coat of paint in On the upper floor of the left hand wing is the Legislative Council Chamber. The Massive Public Buildings, Seat of Administration since

20 PARLIAMENTARY SIGN POSTS The Colonial Legislature The Colonial Legislature Before Guyana became independent in May 1966, it was governed by several legislative structures as a colony and then Crown Colony. These legislative structures varied from bicameral to unicameral.from the years 1831 to 1928, the law-making body of British Guiana was the Court of Policy which was created by the Dutch. The Court of Policy consisted of the Governor, seven official members, and eight elected members. In 1928, a new Constitution was introduced and British Guiana became a British Crown Colony. A Legislative Council was established and replaced the Court of Policy and the combined court. The First Legislative Council consisted of 30 persons: The Governor, two Ex Officio Members, eight Official Members, five Unofficial Members and 14 Elected Members the 14 Elected Members being in the minority in the Council, the others numbering 16. The Governor retained the right to initiate legislation and took decisions, including those opposed by the majority of the Council. Elections for the Second Legislative Council were held in September 1930 The Duke of Kent reading The Throne Speech on behalf of Queen Elizabeth II in 1966 and the newly elected Council met for the first time on October 16, The composition of the Second and Third Legislative Councils, which resulted from the next two general elections in 1930 and 1935, was the same as in the First Legislative Council, which continued to keep the Elected Members in the minority: 14 to 16. In 1953, a new Constitution was introduced and a bicameral legislature, consisting of a State Council and a House of Assembly, was created. The British made several amendments to the 1953 Constitution and established a new Wholly Nominated Single Chamber Interim Legislative Council, which was in operation from 1954 to All of the Members of that Legislative body were nominated by the Governor. On August 12, 1957, General Elections were held under the first-past-the-post system for 14 seats (14 Constituencies) in the Legislative Council. The Legislative Council consisted of 24 Members: a Speaker, three Ex Officio Members, 14 Elected Members and six Nominated Members. The Legislative Council held its First Meeting on September 10, On July 18, 1961, a new Constitution The Constitution of British Guiana annexed to The British Guiana (Constitution) Order in Council, 1961 was put in place. This new Constitution revoked the 1953 Constitutional Instruments and the amendments thereto. Provision was made in the new Constitution for a Premier and a Council of Ministers. Provision was also made for a two-chamber Legislature a Senate and a Legislative Assembly. The Senate was to consist of 13 Members. The Legislative Assembly was to comprise a Speaker to be elected by the Assembly and 35 Members elected, under the system in operation; the first-past-the-post system with 35 constituencies. On August 21, 1961, General Elections were held, for the last time under the first-past-the-post system, for 35 seats in the Legislative Assembly. Following the elections, there was a bicameral House of Assembly, with a lower house called the Legislative Council and an upper house called the Senate. The Legislative Council comprised 35 members elected under the first-past-the-post system. The Senate was made up of a majority of members form the Government plus representatives from the Opposition and two nominated members chosen by the Governor, after consultation with various groups. In 1964, due to the abolition of the Senate, the electoral system of first-past-the-post contests was changed to that of Proportional Representation with 53 members in a unicameral house

21 PARLIAMENTARY SIGN POSTS First Sitting of the National Assembly First Sitting of the National Assembly The inaugural sitting of the National Assembly of the First Parliament of Guyana took place on Thursday May 26, Guyana s Parliament was created by the 1966 Constitution and came into being after the Guyana Independence Act was passed on May 12, Before it gained independence, British Guiana was governed by several other structures. In 1928, with the introduction of a new constitution, British Guiana attained Crown Colony status. Following this, a Legislative Council was created. This council replaced the Dutch Court of Policy which operated from 1831 to With the introduction of yet another constitution in 1953, a new bicameral legislative structure, made up of a State Council and a House of Assembly, was introduced to govern the Crown Colony. On May 18, 1953, the House of Assembly held its first sitting. The 1953 bicameral legislative structure was short lived and in October of the same year the Constitution was suspended and an interim Government was established by the British Guiana (Constitutional) (Temporary Provisions) Order in Council. On January 5, 1954, the Interim Legislative Council met for the first time. In 1956 the British Guiana (Constitutional) (Temporary Provisions) Order in Council was amended and the Legislative Council appointed under the British Guiana (Constitution) (Temporary Provisions) Order in Council was dissolved with effect from 29th June, General elections were held in 1957 and won by the People s Progressive Party under the leadership of Dr Cheddi Jagan. A second Legislative Council was appointed and met for the first time on September 10, In 1961, a new Constitution was established and another bicameral legislature consisting of a Legislative Assembly and a Senate was created. The Legislative Assembly first met on October 5, In 1964, the Constitution was again amended. Provision was made for a single chamber legislative body called the House of Assembly and consisting of 53 Members to be elected for the first time under the system of proportional representation. On 7th December, 1964, General Elections were held under this new system. The new Assembly held its first sitting on December 31,

22 PARLIAMENTARY SIGN POSTS First Female Members of Parliament First Female Members of Parliament Jessie Burnham, Jane Phillips Gay, Janet Jagan constituency for the People s Progressive Party (PPP), Jagan was elected to the House of Assembly for the first time in April Following the elections she was chosen as the Deputy Speaker of the Legislature. In 1957, she was re-elected to the House of Assembly from the Essequibo constituency and became Minister of Labour, Health and Housing. At the time of her death in 2009 Jagan had held the distinction of being Guyana s longest serving Member of Parliament. She was elected to Parliament in 1973 and was re-elected in 1980, 1985 and 1992, eventually serving as a Member of Parliament over a period of 46 years. Phillips-Gay was one of the first Afro-Guyanese women to enter the British Guiana legislature. She was also a trade unionist and an ordained Baptist Minister who was centrally involved in the struggle for the rights of sugar workers. In 1953, she was a member of the WPEO and contested the elections as a candidate for the People s Progressive Party (PPP). By the next general elections in 1957, the PPP was divided, and Phillips-Gay became a member of the newly-formed faction, the People s National Congress (PNC). She unsuccessfully contested the East Demerara electoral seat in that election. On October 5 of the same year, Phillips-Gay became a founding member of the Women s Auxiliary of the PNC. In both the 1961 and 1964 general elections, she was an unsuccessful candidate for the legislature. Burnham, also one of the first Afro-Guyanese women to enter the British Guiana legislature, was the sister of former President Forbes Burnham and a member of the PPP at the time she was elected to the House in Like her counterparts, she fought diligently for the rights of Guyanese women. After the first elections under universal adult suffrage were held in 1953, three women became the first to be elected as members of the British Guiana Parliament that year. These women were Janet Jagan, Jane Phillips-Gay and Jessica Burnham. Historian Cecelia McAlmont posits that Guyanese women became seriously involved in politics during the mid-1940s. In 1946, Jagan and Winifred Gaskin jointly established the Women s Political and Economic Organisation (WPEO). A part of the WPEO s mission was to ensure the political organisation and education of women in British Guiana. Winning a seat from the Essequibo 42 43

23 PARLIAMENTARY SIGN POSTS First Female Speaker First Female Speaker While Parliament is yet to have a female Speaker of the National Assembly, it has had several women who have filled the post of Deputy Speaker. The late former President and longest serving member of Parliament Janet Jagan was the first female Guyanese to become Deputy Speaker of the House and she was the first female Deputy Speaker to be appointed in the world. In 1953, after she successfully contested the Essequibo constituency, Jagan became one of the first women to become a Member of the British Guiana Parliament. Following the election, she was appointed Deputy Speaker of the Legislature. Attorney-at-law Clarissa Riehl also served as Deputy Speaker of the National Assembly from 1997 to Riehl holds the distinction of serving as the acting Speaker of the National Assembly from October 15 to 23, 2010 following the death of Speaker Derek Chunilall Jagan. She served in this capacity until a new Speaker was elected. Deborah Backer, the late PNC Member of Parliament, also served as Deputy Speaker of the National Assembly. She was appointed during the 10th Parliament in 2011 and served until her resignation in February Through her active work with the People s National Congress, Backer entered the National Assembly in 1997 and served until January 2011 when she was elected Deputy Speaker. She was also the Chairperson of the Parliamentary Select Committee on Foreign Relations, and a member of various Parliamentary Committees. It should be noted that Backer came closest to being the first female Speaker of the National Assembly in Guyana. In 2011, she was nominated by A Partnership for National Unity (APNU) for the post of Speaker. However, her nomination was subsequently withdrawn by APNU after the party decided to back the nomination of Alliance for Change Member Raphael Trotman. Backer pledged her support to Trotman and was later nominated Deputy Speaker. Her party s support was critical in having Trotman elected as the first Opposition member to serve as Speaker of the National Assembly. Clarissa Riehl as Deputy Speaker (2000) The late President Janet Jagan The late Deborah Backer as Deputy Speaker of the National Assembly 44 45

24 PARLIAMENTARY SIGN POSTS First Indigenous Member of Parliament SPEAKERS OF THE PARLIAMENT OF GUYANA G uyana s first Indigenous voice, of the people. Indigenous people in and heard at the highest level of out of his constituency often bypassed Government, was Member of Government officials to speak with Parliament, Stephen Campbell Campbell about their issues. (December 1897 May 1966). Moved by He was instrumental in having the first his need to have the interests of water pump installed for the people of Indigenous peoples represented in Hosororo and got the Ministry of Government, Campbell entered politics Communications and Works to build in This year marked the first in water tanks at the Kumaka and which Indigenous peoples were able to Morawhanna stellings for the vote in general elections in Guyana and convenience of farmers who brought in which an Indigenous candidate could their produce there on a weekly basis. contest. He is also known for his goal of Representing the National developing the 5C industries Labour Front (NLF), citrus, coffee, cocoa, coconuts Campbell won a seat and cattle, building a on the Legislative 22-mile road from Council, and on Kwebanna to Moruka to September 10th, facilitate a 1957, he became land-development Guyana s first scheme, and soliciting Amerindian funds for another Member of the Wauna-Yarakita Parliament agricultural project. representing the His defence of North West Indigenous land constituency. He was rights, particularly with 60 years old at the time. Independence looming and Stephen Campbell Campbell was a the fear that such rights would parliamentarian who worked be ignored, is perhaps Campbell s with much energy behind the scenes greatest achievement. Today, his to represent the interest of Indigenous contribution is still celebrated annually peoples. He believed that bringing during Amerindian Heritage month in motions before the House had to be September and he is considered to be supported by more direct and practical an icon of acheivement for Indigenous efforts on the ground.during his time, peoples and for all of Guyana. Campbell was described as a true man 46 Sir Eustace Gordon Wolsford, O.B.E, Q.C Speaker of the Legislature Sir Donald Edward Jackson Speaker of the Legislature Mr. Sase Narain-C.M.G, O.R, S.C, J.P Speaker of the National Assembly Mr. Aubrey Percival Alleyne Speaker of the Legislature Speaker of the National Assembly Mr. Derek Chunilall Jagan, O.R, C.C.H, S.C, J.P Speaker of the National Assembly Mr. Rahman Baccus Gajraj, C.B.E, J.P Speaker of the Legislature Speaker of the National Assembly Mr. Winslow Martin Zephyr Speaker of the National Assembly Mr. Raphael Trotman Speaker of the National Assembly Mr. Ralph Ramkarran, S.C Speaker of the National Assembly Dr. Barton Scotland, O.R, C.C.H, Speaker of the National Assembly

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