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Parliament Building
When parliament meets for its fourth meeting on Tuesday, House Speaker, the Hon. Alix Boyds Knights is expected to officially declare the seats of Edison James, member for the Marigot constituency and Hector ‘Spaggs’ John, member for the Salisbury, Morne Rachette and Coulibistrie constituency vacant.
At a press conference held at her office at the Parliamentary building on Victoria Street earlier this month, Knights announced that the Opposition seats had been declared vacant.
“Because of the fact that I have no discretionary power in this matter” she said, “I simply have to do what the Standing Oder tells me to do. I have had no choice but to inform the two gentlemen that their seat is now vacant and all parties concerned have been so informed.”
Both James and John were informed of the Speaker’s decision by way of letter dated May 4th 2010. The letter advised the members that pursuant to Section 15:2 of the Standing Orders of the House of Assembly and consequent on “having been absent from three consecutive meetings of the House to which you have been separately summoned during the same session”, you “are required to vacate your seat.”
Consequently, the letter continued “your seat therefore has been declared vacant.”
James, John and others have argued however that the Speaker has no constitutional right or privilege to declare the seats vacant and may have, among other indiscretions, jump the parliament. They surmise that the hastily called fourth session of the House is no more than an attempt to seek parliamentary approval and legitimacy for her actions.
James has also insisted that contrary to Knight’s announcements, that “I have not vacated my seat.” He demanded in a response to the Speaker “I should be pleased if you would inform me of the person or body that has declared my seat vacant and the authority under which this was done.”
At a press conference on Tuesday however, the Attorney General Francine Baron Royer stood firmly behind the Speaker stating that Knights did act in accordance with the Dominica Constitution and the Standing Orders of the House of Assembly when she announced that the Marigot and Salisbury seats had become vacant. She argued there is no constitutional requirement for the High Court to declare the seats vacant and such authority lies only with the Speaker of the House.
“Since the Speaker is the one responsible for the business of the House, the Speaker has the responsibility to inform that a seat has become vacant by virtue of the operation of law i.e Standing Order 15 (2) …” the Attorney General concluded.
Both the Opposition and Speaker are holding strong to their positions, and as Dominica inches closer to a constitutional crisis, its left to be seen what the Opposition UWP will do on Tuesday or thereafter.
Meanwhile, five bills are down on the Order Paper for discussions when Parliament convenes on Tuesday; an Audit (Amendment) Bill 2010, the International Business Companies (Amendment) Bill 2010, Piracy Bill 2010, Public Service (Amendment) Bill 2010 and Theft (Amendment) Bill 2010.
