BASSETERRE, St. Kitts – ATTORNEY GENERAL Senator the Hon. Vincent Byron Jr. yesterday (Nov. 14) declared that he is moving to the High Court for a ruling on the eligibility of the Leader of the Opposition, the Rt. Hon. Dr. Denzil Douglas, to continue as a Member of the National Assembly.
“I would want to bring to the attention of this Honourable House that the Attorney General has instituted, initiated, instructions to senior counsel to bring proceedings in this matter to determine whether the Member for Number Six should vacate his seat or not.”
The AG made this declaration yesterday (Nov. 14) during the sitting of the National Assembly at which the Leader of the Opposition was absent.
It is alleged that Dr. Douglas is the holder of a diplomatic Dominican passport, which Prime Minister Dr. the Hon Timothy Harris at an October press conference had said that the Government had launched an investigation into the matter.
Dr. Harris had also categorically stated that the qualifications required of those elected to sit in the National Assembly are constitutionally entrenched and intended to prevent any actual or perceived conflicts of interest arising from divided loyalties.
At yesterday’s sitting, AG Byron said that they had proof of Dr. Douglas being the holder of a diplomatic Dominican passport and cited constitutional provisions to support the Government’s position of not wanting him as a sitting Member in the Parliament.
“We have evidence that the Member for Number Six has a diplomatic passport that states in it that he is a Dominican national. This Government, Mr Speaker, would like to place on the record our very deep concern that someone who has led this country for many years and who still sits in this Parliament, should hold a passport of a foreign country and we say that resolve has shown an acknowledgement of allegiance, that he has shown an acknowledgment of obedience and adherence to a foreign state.”
Prior to his declaration, the Speaker of the House, Hon. Michael Perkins, had read a letter sent to him by the Hon. Eugene Hamilton, Member for Number Eight and Leader of Government Business, and stated that he was seeking legal counsel on the matter.
“Member for St. Christopher Six and Leader of the Opposition in the National Assembly has been issued, holds and has travelled on a diplomatic passport issued by the Commonwealth of Dominica, diplomatic passport. The diplomatic passport was issued on 30 July 2015 and bears passport number DP0000462.
“In my respectful view, the holder of a diplomatic passport by the Member for St. Christopher Six raises implications for his qualification and eligibility to serve as a Member of the National Assembly for St. Christopher and Nevis. This is a matter of national importance and great public interest. I consider it my sacred public duty to draw my feelings of dismay and concerns to your attention Mr. Speaker in your capacity as the presiding arbiter of the conduct of this Chamber and representative of all its powers, proceedings and dignity. Signed by the Honourable Eugene Hamilton, dated October 23, 2017,” Speaker Perkins read.
Speaker Perkins’ reading of that letter had twice evoked objections from Opposition Parliamentarian Hon. Marcella Liburd, who said: “The status of any Member has nothing to do with this Parliament with the greatest respect. So, for clarification, if people have some issue, the Member for Number Eight or whoever has an issue with the status of the Member for Number Six, the proper place is the Court. And they know that; so this is just politics! The proper plaqce is in the Court.”
In response to her objections, the Speaker said: “Thank you Honourable Member. I must say though, that was not seeking any clarification as to what I said. I am not opening up the issue for debate. I made an announcement and it was simply that.”
At that stage, the Opposition Member continued to object to the proceedings and Speaker Perkins brought an end to it by saying: “Honourable Member I would not have any further, you know, discussion on this matter.”
In an interview with the Hon. Marcella Liburd, WINN FM’s Clive Bacchus sought an answer to her position on the matter.
Bacchus asked: “As an elected Representative, as a lawyer yourself, as someone who is in the leadership of the St. Kitts-Nevis Labour Party, what is your opinion, what is your take on this issue of Dr. Douglas and a diplomatic passport?”
“A diplomatic passport, even if Dr. Douglas has one, doesn’t give people citizenship. You know how many people have diplomatic passports from all over? I am sure that we have citizens here in St. Kitts and Nevis who have diplomatic passports from other countries where they may be ambassadors or what have you. So you end up with a diplomatic passport from a particular country, but it doesn’t make you a citizen of the country.
“And the Constitution is very clear; it speaks to dual citizenship not if you hold a diplomatic passport. And they know that as well. They are just playing a game and politics all of the way.”
She noted that a lot of those people have two passports – “One is a diplomatic passport, so they have two citizenships because they have two passports? The clearly know that diplomatic passport does not give anyone citizenship of a country.”
The Opposition Member was also asked if she sees any conflict of interest with the Leader of the Opposition having a diplomatic passport for another country and how would she respond to the allegation of he might have a vested interest in that country and there might be a conflict in his interest for St. Kitts and Nevis.
“First of all you must understand that the Leader of the Opposition has no diplomatic passport for St. Kitts and Nevis. It’s been denied by the Government, all of us, as a matter of fact all of us. We have no diplomatic passport! So if another OECS country recognising that [and] wants to give him a diplomatic passport just to allow him certain privileges in terms of travel whatever, what is wrong with it? I see no conflict in that!
“Secondly, the Leader of the Opposition is also someone who must eat. He has to make a living. And you are trying to tell me if you are in a position, you are not in government, you can’t work nowhere else but in St. Kitts and Nevis?” were her responses to the questions.
In an effort to justify her response, the Parliamentary Representative for Constituency Two made reference to her profession.
“So if I am a lawyer, for example, and I am supposed to go and do a matter in some other OECS territory, oh you can’t work there because it is a conflict of interest I am a Parliamentarian? What is that? Opposition has to eat! We been denied everything in your country; everything.”
Pointing to the issue of duty free concession, Liburd told WINNFM that they had asked for same and were denied.
“You ask for duty free and you can’t get it even though we gave them duty free, including people like the Attorney General who was not elected by anybody got duty free under our government...”
Dr. Douglas also took umbrage to the Speaker of the House reading Hamilton’s letter in Parliament and accused him of allowing “the lawmaking body to be used as a political theatre”
That was according to a press release sent yesterday afternoon (Nov. 14) by Erasmus Williams, which noted that it was part of a statement made by Dr. Douglas following a situation that took place in the morning session of the sitting.
“It is quite unfortunate that the hallowed chamber of Parliament is being used as a political theatre, facilitated by the Speaker, in a useless attempt to rekindle the dying political fortunes of (Prime Minister) Dr. Timothy Harris and some of his cohorts,” the release quoted Dr. Douglas as saying.
It also pointed out that Dr. Douglas was overseas and could not have attended the National Assembly.
“I reiterate the point that the Parliament is being used as a political theatre because Dr. Timothy Harris, Mr. Eugene Hamilton, Speaker Michael Perkins and all members of Parliament are well aware that under our Constitution, the Parliament of our land in and of itself cannot address matters to do with the qualification of members to sit in the Assembly. This is a matter which only the Courts of our land can determine.
“For Speaker Michael Perkins to read Mr. Eugene Hamilton's ill-conceived letter into the records of Parliament is irresponsible and reinforces the public's views of the Speaker a bias arbiter of the Parliament's business,” Douglas said.
